Employment contract – Does the employer have to pay fines related to traffic violations committed by employees?

Can the employer be reimbursed by the employee – Suspension of the driving license – Litigation – Scale of lump sum indemnities
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Does the employer have to pay fines related to violations of the Highway Code committed by employees?

The Court of Cassation decides in the affirmative when the perpetrator of the offense remains unknown:

"in the absence of identification of the author of a speeding violation, only the legal representative of the company holder of the registration certificate or lessee of the vehicle may, pursuant to the provisions of Article L 121-3 of the Highway Code, to be declared financially liable for the fine incurred” (Cass. crim. 17 April 2013 no. 12-87490).

However, in order to avoid incurring such fines, the employer may, upon receipt of the notice of violation, request to be exonerated from the fine by communicating the identity of the offending employee.
At the risk of seeing his driver's license amputated points corresponding to the offense.
The Court of Cassation answered in the negative in a case where the employer had, during the lawsuit brought by an employee who contested his dismissal, requested that this employee be condemned to reimburse him for the fines linked to the violations of the Highway Code committed by the latter with a professional vehicle (Cass. soc. 17 April 2013 n° 11-27550).
The fact for the employer to obtain from the employee the reimbursement of a fine is analyzed as the implementation of the civil liability of the employee vis-à-vis the employer.
However, this requires a gross fault, that is to say a fault characterized by an intention to harm. This is generally not the case when the employee commits violations of the Highway Code. Again, the only way to avoid paying the fine is to communicate the identity of the offending employee upon receipt of the notice.

Can the employer be reimbursed by the employee for the fines paid?

The Court of Cassation answered in the negative in a case where the employer had, during the lawsuit brought by an employee who contested his dismissal, requested that this employee be condemned to reimburse him for the fines linked to the violations of the Highway Code committed by the latter with a professional vehicle (Cass. soc. 17 April 2013 n° 11-27550).
The fact for the employer to obtain from the employee the reimbursement of a fine is analyzed as the implementation of the civil liability of the employee vis-à-vis the employer.
However, this requires a gross fault, that is to say a fault characterized by an intention to harm. This is generally not the case when the employee commits violations of the Highway Code. Again, the only way to avoid paying the fine is to communicate the identity of the offending employee upon receipt of the notice.

Can the suspension of the driver's license for an offense committed outside of work justify a dismissal?

In principle, no. This is what the Court of Cassation has just ruled once again:

"the fact that an employee who uses a vehicle in the performance of his duties commits, in the context of his personal life, an offense resulting in the suspension of his driving license cannot be regarded as a breach by the person concerned of his obligations arising from his employment contract” (Cass. soc. 10 July 2013 no. 12-16878).

Indeed, a reason drawn from the personal life of the employee cannot, in principle, justify a disciplinary dismissal, unless it constitutes a breach by the person concerned of an obligation arising from his employment contract.
The employer will therefore have every interest in having the obligation to hold a valid driver's license expressly stipulated in the employment contract.

Scale of fixed allowances

The scale of the lump sum compensation provided for in Article L. 1235-1 of the Labor Code that may be paid by the employer in order to put an end to the dispute with the employee from the conciliation stage has been set as follows:

• 2 months' salary if the employee has less than 2 years' seniority with the employer;
• 4 months of salary if the employee has a seniority with the employer of between 2 years and less than 8 years;
• 8 months of salary if the employee has a seniority with the employer of between 8 years and less than 15 years;
• 10 months of salary if the employee has a seniority of between 15 and 25 years with the employer;
• 14 months' salary if the employee has more than 25 years' seniority with the employer.

Decree No. 2013-72 of August 2, 2013