SERVICES
Pay and Benefits
Meal Vouchers and Proof of Performance: The Significance of Non-Contestation in Pay Proceedings
Court of Cassation, Labour Division
A worker brought proceedings seeking an order against the company to pay amounts connected with work performed under a contract that had already been declared unlawful in prior litigation. At first instance, the claim was only partially upheld, while the Court of Appeal recognised the full pay differentials claimed, giving weight to the documentation produced and the absence of specific contestation of the allegations. The company appealed to the Court of Cassation, challenging, among other things, the recognition of entitlement to meal vouchers and the insufficiency of evidence regarding the manner in which work was performed. The Supreme Court dismissed the appeal, reaffirming that the failure to specifically contest facts relied upon by the other party may relieve that party of the burden of proof, with the lower court having discretion to assess the actual significance of such procedural conduct. In this context, pay documentation originating from parties other than the employer may also contribute to proving the work performed and the associated economic entitlements. The decision further highlights that entitlement to meal vouchers may be justified by the actual organisation of working hours and the performance of full-time work with an intermediate break, in accordance with the applicable company arrangements.