Question juridique clé
Whether the employee qualified as a subordinate cadre under the CCNT 1992 and 1998 and was entitled to the corresponding minimum salary
Solution extraite
The employee did not qualify as a subordinate cadre; the lower courts correctly denied the higher minimum salary.
Motifs extraits
The decisive factor was the employee's actual scope of responsibilities. He led the bar service at night and gave instructions to junior staff, but had no administrative duties, no evaluative or disciplinary powers, and limited autonomy over supplies and cash handling. The distinction between service responsibility and hierarchical responsibility was not contrary to the collective agreement texts.