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When an employee must regularise the
Droit Immobilier

When an employee must regularise the

📅 Decision of 10 May 1989🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 5 views📖 2 min read

When an employee must regularise working time because they worked during a slack period and received a salary calculated on the basis of average weekly hours, the regularisation, within the meaning of the modulation agreement, is understood solely as work performance. Therefore, an employee who was unable to provide this performance because of their dismissal does not have to undergo a financial adjustment.

Reference decision: cc • N° 86-45.392 • 1989-05-10 • View the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

When an employee must regularise working time because they worked during a slack period and received a salary calculated on the basis of average weekly hours, the regularisation, within the meaning of the modulation agreement, is understood solely as work performance. Therefore, an employee who was unable to provide this performance because of their dismissal does not have to undergo a financial adjustment.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly observe the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 86-45.392
  • Court: Cour de cassation
  • Decision of: 10 May 1989

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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