May 26, 2022

Volunteering in the family business does not prevent claiming a deferred salary

PRACTICAL LIFE. The Court of Cassation ruled in favor of a son who had worked for four years in the family agrocultural farm and whom he recalled that he was entitled to the deferred salary provided for by the rural code.

according to article L321-13 of the rural and maritime fishing code, “the descendants of a farmer who, over the age of eighteen, participate directly and effectively in the farm, without being associated with the profits or losses and who do not receive a cash salary in return for their collaboration, are legally deemed to be beneficiaries of a deferred salary contract “. (AFP / JEAN-FRANCOIS MONIER)

In the agricultural sector, volunteering in the family business can still lead to a salary, but later. According to article L321-13 of the rural and maritime fishing code, “the descendants of a farmer who, over the age of eighteen, participate directly and effectively in the farm, without being associated with the profits or losses and who do not receive a cash salary in return for their collaboration, are legally deemed to be beneficiaries of a deferred salary contract “.

A principle recalled by the Court of Cassation in the conflict between two brothers from a family of farmers. After the death of the father, a son recalled that he had worked for four years on the farm and that he was thus entitled to the deferred salary provided for by the rural code.

A brother rejected the request, observing that if the caregiver was voluntary, it could not result in the payment of a salary. But one does not exclude the other, ruled the judges. Because under the term voluntary help, there can be different situations.

If the help provided is ad hoc, occasional and spontaneous, if the work is carried out without hierarchy, without constraints and does not consist of occupying a workstation necessary for the proper functioning of the operation, it is a real help. natural family law which does not give the right to a salary. But if one of these conditions is missing, if there is subordination or compensation in any form, it is salaried work, according to the site of the Mutualité sociale agricole (MSA).

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