Taking RTT: the burden of proof rests on the employer.

In terms of payment of wages, it is up to the employer who claims to have done what is necessary to prove that he has paid the sums owed to the employee, regardless of what appears on the pay slip.

The Court of Cassation recalled this principle in a judgment of January 10, 2024, with particular regard to the taking of RTT days ( reduction of working hours).

An employee hired in 2008 took note of the termination of his employment contract in 2017. In this context, he requested payment of various sum for the execution and termination of his employment contract. In particular, he requested a back pay linked to 76.89 days of reduction in working hours, which he claimed had not been taken.

The court of appeal rejected this request after noting that the ballots of payroll indicated a balance of “76.89 RTT” in July 2016, followed by “0 RTT” in August 2016, with the mention “taken” on the July bulletin.

 The Court of Cassation overturned the judgment of the trial judges on this point by recalling that “ the mention on the pay slips days taken for the reduction of working time has only an informative value " and that  the charge proof of their effective granting falls, in the event of dispute, to the employer.

In this case, the employer had not provided any conclusive evidence allowing it to be released from its obligation, other than the pay slips . The Court therefore considered that the employer did not meet the burden of proof.

Thus, the mention on pay slips of the days taken for the reduction of working hours only has an informative value , the burden of proof of their effective granting falls, in the event of dispute, on the employer.

Cass. soc., Jan. 10, 2024, n°22-17.917