Part-time employees ― priority for full-time jobs ― information provided by employer ― methods ― intranet. HEADNOTES Facts Mr. Chatard had been employed by IBM France since October 20th 1966 as assistant operator then programmer analyst, with a part-time position starting in July 1993 at his own request. In December 1998, he applied for a full-time job. He brought a case in the Industrial Tribunal (Conseil de prud'hommes), the court of first instance in France for all individual disputes concerning employ- ment contracts. He considered that his employer had not met the legal obliga- tion to inform him of the list of jobs available, nor had he been given the priority to which he was entitled, so he sued his employer for damages. Following the ruling of the Industrial Tribunal, on January 9th 2003, the Or- leans Court of Appeal ordered IBM France to pay Mr. Chatard 3,050 euros in damages for non-compliance with article L. 212-4-9 of the French Labour Code and inform Mr. Chatard of the list of full-time jobs available in his employment category or similar jobs on stand-by. IBM France appealed to the Chamber for Social and Labour Matters at the Court of Cassation.
International Labour Law Reports Online – Brill
Published: Jan 1, 2004
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