The Supreme Court has ruled that the trial court, used normally in the discretion left to them by Article L. 3171-4 of the Labour Code concerning the evidence of the existence of supplementary hours of work, in deciding that the driver’s request for a payment of these hours, does not demonstrate the existence of evidence, despite the production of various documents (agendas, summary tables…). Indeed, the driver had been reprimanded for mishandling the tachograph and for the gaps in the data recorded during transportation, making these elements unusable evidence.
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