Pursuant to Article L. 121-9 of the Labour Code, the employer bears the risks deriving from the activity of the company and the employee takes responsibility for damage caused by his wilful acts or his serious negligence. The company’s risks therefore weigh upon the employer, who is in charge of his company.
Thus, the employee’s liability to his employer for damage caused is incurred in the event of intentional wrongdoing.
In the case of unintentional wrongdoing, an employee incurs liability in the case of wilful misconduct or particularly gross negligence or if the wrongdoing is equivalent to fraud, in the sense that, although its perpetrator did not wish to cause the damage, he behaved as if he had so wished.
Serious negligence on the part of an employee, required for liability to be incurred, does not involve the commission of a deliberate act but refers to a significant lack of care, caution or vigilance which resulted in damage being caused.
The harmful consequences of lack of professional skills on the part of the employee fall within the risks deriving from the activity of the company, which the employer bears.
It is incumbent upon the employer to produce evidence of the responsibility of the employee for damage for which he seeks redress.