The French Supreme
Court stated in a case dated of February 4th, 2009, that when
freelance journalists (“pigistes”) fulfill
the seniority conditions to obtain a seniority bonus, their wage tally with the
professional qualifications have to be increased regarding to this bonus.
In this case, a
freelance journalist claimed for a back seniority bonus and related days off,
by enforcement of the articles 22 and 23 of the Professional Journalists
National Collective Agreement.
The Court of Appeal
confirmed by the Supreme Court, considers that, regarding to the collective
agreement provisions, wages increased by a seniority bonus constitutes the
minimum amount that anyone must receive for one month period of normal work.
The seniority bonus only
constitutes an increase of the minimum guaranteed wage and not a bonus added to
the wage, never mind its amount.
No matter if the
wages are not wholly less than the minimum wage (SMIC) or the minimum tariff of
the freelance journalist piecework.
Frédéric CHHUM / Anissa YEFTENE
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