Senior executive: definition
To be considered as a senior executive, the employee must be invested with important responsibilities involving:
great independence in the organization of their schedule; largely autonomous decision-making power; the benefit of one of the most important remunerations in the company.
These cumulative criteria imply that only executives participating in the management of the company fall into this category.
In the event of a dispute over the employee's status, the judges will check in particular that he combines these 3 criteria.
Senior executive: 3 cumulative criteria
In the case just ruled by the Court of Cassation, an employee, hired as administrative and financial director, was dismissed for serious misconduct. She referred various requests to justice, in particular tending to find that she did not have the status of a senior executive and to declare admissible her requests for a salary reminder.
The judges therefore verified the actual functions performed by the employee.
She received one of the highest salaries from the association for which she worked.
She had a delegation of authority from the general manager.
But the problem was the organization of his schedule. She did not enjoy any real autonomy. In fact, she was
