Licenciement et disque routier

Le disque routier (chronotachygraphe) doit, en vertu du du Règlement CEE n° 3821/ 85 du 20 décembre 1985, obligatoirement être installé par le transporteur routier sur ses camions. Le défaut de déclaration à la CNIL peut-il avoir des conséquences sur le licenciement ?

Photo montage of freight/transport business activities, complex.

Un salarié avait été licencié pour faute grave, l’employeur lui reprochant notamment une manipulation frauduleuse de son chronotachygraphe afin de majorer son temps de service et sa rémunération. Ce salarié s’était prévalu du défaut de déclaration à la CNIL pour fonder une demande de licenciement dénué de cause réelle et sérieuse ? Une Cour d’appel avait considéré que oui.

La Cour de cassation casse cet arrêt. Selon la Cour :  » ‘une absence de déclaration à la Commission nationale de l’informatique et des libertés de l’emploi de cet appareil ne saurait le priver de la possibilité de se prévaloir, à l’égard du salarié, des informations fournies par ce matériel de contrôle, dont le salarié ne pouvait ignorer l’existence « .

Cela ne signifie par pour autant que le transporteur routier ne doit pas procéder à cette déclaration. L’on peut même s’interroger sur la valeur de la solution retenue. Le fait de devoir utiliser le chronotachygraphe ne retire rien à l’obligation de respecter la loi de 1978, qui dans sa dernière version, consiste essentiellement en une transposition de normes européennes. Si la question devait lui être posée, verrait-on la Cour de Justice de l’Union européenne dire que la loi sur les données personnelles et les principes fondamentaux qu’elle implique ne doivent pas être respectés parce que le disque est obligatoire ? En toute hypothèse, même si une réponse négative paraît devoir s’imposer, les conditions du licenciement relèvent du droit interne. Et sur ce point, l’arrêt de la Cour de cassation conserve toute sa portée (Soc. 14 janv. 2014, n°12-16218) .

 

 

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