SRSI SL (“SRSI”), a company based in Andorra, is an international portage company. SRSI hired Philippe R. by means of a fixed-term contract in order to assign him to two airline companies, controlled by SA Regourd Aviation. The contract contained an arbitration clause. Philippe R. was notified of the termination of his employment contract before the contractual term had elapsed. He consequently seized the Paris Conseil de prud’hommes (labour court).
The Court stated that the arbitration clause contained in an employment contract cannot be invoked to the detriment of an employee.
The arbitration clause contained in an international employment contract cannot hinder the jurisdiction of the state court when such a contract is executed in France. In this case, Philippe R. had carried out the majority of his work in France. This reasoning was upheld by the Court of Appeal.