03 Jul, 2024

Right of withdrawal and withholding of wages

03 Jul, 2024

When the conditions for exercising the right of withdrawal are not met, is the employee liable to have his or her wages withheld?

In 2016, some Air France cabin crew employees exercised their right of withdrawal. In the letters sent by the employees who exercised their right of withdrawal, no reason was given.

The employer then withheld their wages.

The Union syndicale d’Air France (UNSA-SMAF) and the Syndicat national du personnel navigant commercial (SNPNC) brought an action before the court seeking an injunction prohibiting the company from withholding wages from cabin crew exercising their right of withdrawal, in the absence of a court decision declaring the right of withdrawal abusive or unfounded.

The Court of Appeal dismissed the unions’ claims.