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France – Adecco loses court case over ‘unequal’ treatment of temporary workers

10 March 2021

Adecco France has been ordered to pay compensation to 42 temporary workers after a Paris tribunal found that the workers were not paid the wages they were entitled to.

According to Le Monde, a Paris industrial tribunal sided with the temporary workers in a decision handed down on 2 February 2021, however the judgment had only been recently published.

The case concerns 42 temporary workers who were on interim assignments to the Grand Hôtel Intercontinental de Paris, from Adecco France. The majority of these employees worked, in most cases on a daily basis, as line managers and banquet staff. Several of them were regularly assigned to the hotel with some assignments dating back to the 2000s.

Le Monde reports that over time, the workers realised that they did not receive benefits such as the bonuses which were granted to permanent staff.

These bonuses include heavy load bonuses, thirteenth and fourteenth month pay, attendance bonuses and more. Furthermore, transport costs were not reimbursed to the temporary workers. Adecco had even invoiced the Grand Hotel for the transportation compensation due to the workers. The 42 workers also bought protective shoes, however it was found that Adecco should have provided them with the shoes. 

The case, which was supported by French labour union CGT (Confédération Générale du Travail), was brought forth to the industrial tribunal in July 2019.

In its decision, the Tribunal stated, “the remuneration of the temporary worker may not be lower than that which would receive, an employee of equivalent qualification occupying the same job".

Adecco was ordered to pay each of them amounts ranging from approximately €1,750 to nearly €9,000, which includes added interest and procedural costs. Of this total amount, €1,000 was awarded as damages “for non-compliance with the rules on equal treatment”.

"This case has symbolic value", the lawyer for the 42 temporary workers, Christophe Vigneau, said.

According to Vigneau, the case highlights “the inconsistency of certain employers, who complain about the lack of manpower in the hotel and catering sector while allowing practices likely to reduce the appeal of this work, for all those looking for a job that is somewhat permanent.”

Adecco's lawyer François Vaccaro said that in this type of litigation, the user company should be the company that is responsible and should be in litigation.

Vaccaro added that this was due to the “the Grand Hotel not having transmitted to the temporary employment company the elements of compensation received by the permanent staff of the establishment.”

However, the tribunal found that most of the necessary information had ‘indeed been communicated to Adecco.’

Vaccaro added that transport costs could have also been reimbursed by Adecco but an ‘error’ may have been made regarding the transport allowance, billed to the hotel without having been given to the employees.

He added that a decision to appeal the judgment has not yet been taken.

In an exclusive statement to Staffing Industry Analysts, Adecco France said, “Our priority is to ensure equal treatment for everyone. We’re working closely with our clients to ensure that we pay fair salaries and provide a safe working environment.”

Adecco France is also facing legal issues elsewhere as recently a Paris Court of Appeal decided to send Adecco France and two former directors of the firm to trial over historic hiring discrimination complaints.