Employees of Leclerc stores can claim their share of the results even without signature from their employer

The story begins with eight employees who believe they were wronged in the calculation of their profit-sharing and participation. At E. Leclerc, the promise is nevertheless beautiful on paper. The movement's charter requires all members to pay their teams a share of profits which cannot be less than 25% of current profit before taxes. The vast majority of this sum, i.e. 70 to 80%, must go through official mechanisms such as the company savings plan, the rest can take the form of bonuses.

There is only one exception to deviate from this 25% rule: the member must pay a minimum of sixteen months of salary per year to all of their employees, including bonuses. The charter therefore very strictly regulates the overall envelope intended for staff, even if each person's bonus varies according to objectives set in advance.

But now, to avoid going to the checkout, managers have played on the very particular organization of the brand. To open a store, a natural person must join the association governed by the charter. At the same time, it must create a simplified joint stock company, validated by the Association of E. Leclerc distribution centers, of which the capital must be held at least 98% by the member and their spouse, the latter must own at least 10%.

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It is in this legal tangle that the companies operating the store found their argument: they had personally neither signed the charter nor joined the association. Only the boss had done it. A defense which had also convinced the Besançon Court of Appeal, which had rejected the employees' requests on December 10, 2024.

But the Court of Cassation did not hear it that way. In a judgment rendered on November 10, 2026, the social chamber rejected this excuse. For senior magistrates, the support of the manager and the creation of the company are inseparable. The boss does not adhere to the charter for his own personal pleasure, he does it to run the store. Consequently, he necessarily undertakes in the name and on behalf of his company. As soon as the company joins the E. Leclerc movement in accordance with its statutes, it inherits this commitment, even without having signed the slightest document.

This decision therefore cancels the rejection of employees' requests for their salary supplements and paid leave, but also relaunches the request for compensation presented by the CGT Federation of Commerce, Distribution and Services Personnel.

If the victory is good in principle, the check has not yet been signed. The eight employees do not immediately leave with a specific amount in their pocket. The case has now been referred to the Dijon Court of Appeal, which will have the difficult task of re-examining the case and deciding whether, yes or not, additional remuneration is actually due to them.

Machine-translated from French