Cash bonus for bus drivers in the Agglo de Sète, new victory in court against Kéolis

La cour d'appel a tranché en faveur des chauffeurs de bus en référé. Midi Libre – TIZIANA ANNESI

Twelve bus drivers from the Kéolis network won their summary proceedings before the Court of Appeal in Montpellier.

Under the leadership of the CFDT union, twelve employees of the Agglo de Sète Kéolis bus network are demanding recognition of a "cash liability" in other words a constraint placed on agents to have to monitor their service cash register outside of their working hours, while they do not have secure lockers to deposit money regularly after the service in complete safety. In the absence of these lockers, they request payment by the company of a bonus of 50 € monthly to cover possible losses or theft of all or part of this fund. A sort of insurance allowing the employer to be reimbursed, because in the event of loss of money, it is the employee who is currently out of pocket.

Kéolis refusing to accede to the request of these employees, the latter took legal action before the industrial tribunal of Sète. On September 18, 2023, they won their case. Justice requiring Kéolis to pay a sum of 50€ per month to staff to compensate for this cash hardship which it considers justified. Indicating that the company had, until then, not respected its obligations of faithful execution of the employment contract". The industrial tribunal also ordered the employer to pay the twelve plaintiffs damages corresponding to the arrears in payment of this bonus, considered as an element of salary for the last three years.  

The additional salary must be paid to the twelve drivers

The industrial tribunal ordered immediate provisional execution. In other words, the amount must be paid (50 euros per month) even if this legal decision could be challenged on appeal. Kéolis, who appealed the first instance decision, also challenged its enforceability before the first president of the court of appeal. This latest request was rejected on Wednesday February 7 in referred. To defend itself, the passenger transport company had put forward the "potential risk of Ursaaf recovery", social security contributions being due on these famous bonuses. The courts ruled in favor of the employees and the bonus must already be paid even if a new trial on the merits before the Industrial Court of Appeal is expected in several months.

"The first instance decision attests that a subjection exists", indicates Mathieu Le Gal, lawyer at the MP Avocats firm in Grenoble for the defense of employees. So in theory applicable for all other Kéolis employees. "Subjugation is a blind spot in employee rights, the CFDT National Union of Urban Transport is currently taking it to court throughout France".

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