Reviewing the actual role
Senior executive status, known as cadre dirigeant, affects the French rules applicable to working time. The Labour Code refers to responsibilities involving substantial independence in organising working time, broad decision-making autonomy and remuneration among the highest levels within the company or establishment.
CSB Avocats assesses the contractual designation against the duties actually performed. It reviews delegations of authority, organisational charts, approval processes and remuneration records. The job title is considered within that factual analysis.
Understanding decision-making arrangements
Budget authority, recruitment decisions, the setting of objectives and reporting requirements help establish the executive’s position within the organisation. The firm examines the available records and changes over time, particularly following a change in governance.
A heavy workload does not by itself determine the applicable status. It must be considered alongside actual autonomy and the other relevant criteria.
Assessing the implications
The review of status precedes any assessment of working time claims. The firm identifies the relevant periods, evidence and limitation issues, then considers the possible consequences of a challenge.
This work may be undertaken during employment, in negotiations or in litigation. It does not assume a particular legal classification or a predetermined value for any claim.