Is it possible to make a penalty payment without being required to be contacted?

An employee, who is responsible for security, is dismissed by his employer. It shall bring the matter before the courts and claim damages for failure to pay periodic penalty payments.

The Court of Appeal upholds the employee’s application and convicts the employer. In her opinion, the employee was on a stand-by duty when the alarm was triggered because he answered dozens of calls from the remote monitoring business following an alarm call. In addition, he gave instructions and moved to the company premises three times. The employer appeals to the Court of Cassation.

The Court of Cassation quashes and quashes the appeal decision. In her view, the employee was not one of the company members to be contacted in the event of the establishment's alarm being triggered. He was therefore not obliged to remain reachable, answer calls, or intervene if necessary.

Thus, the employee who intervenes following the triggering of an alarm does not necessarily complete a standby period.