Log Book

MANAGERIAL HARASSMENT

Persistent misconduct justifies dismissal for serious misconduct, despite the employer's failure to take action.

TRANSFER BY AGREEMENT

The amendment of 28 January 2011, to the collective bargaining agreement for prevention and security companies does not require the new employer to assume the obligations of the former employer.

LIMITATION PERIOD

The limitation period for an action contesting the termination of an employment contract runs from the date the employee receives the letter notifying the termination.

CLASS ACTION

Any failure by an employer to meet their legal or contractual obligations may be the subject of a class action.

ON-CALL DUTY AND WORKING TIME

On-call duty periods qualify as working time when they impose constraints on employees that significantly limit their freedom to manage their time and engage in personal activities.

VOLUNTARY DEPARTURE PLAN

The proposal of a CSP is not mandatory within the framework of a voluntary departure plan.

DISMISSAL AND DISCRIMINATION

An employer's refusal to follow the occupational physician's recommendations for a disabled employee may give rise to a presumption of discrimination based on disability.

VIOLATION OF THE PROTECTIVE STATUS AND COMPENSATION BY THE EMPLOYER

In the event of the null and void dismissal of a protected employee, the latter is entitled to compensation equivalent to the salary they would have received until the end of their protection period, up to a maximum of thirty months.

MODIFICATION OF THE EMPLOYMENT CONTRACT

A change of position that meets the employee's qualifications does not amount to a modification of the employment contract.

TRANSFER OF CONFIDENTIAL DATA

The transfer of confidential data to a personal email account, without evidence of disclosure to third parties, is not sufficient to constitute serious misconduct justifying dismissal.

DISMISSAL AND MORAL HARASSMENT

The nullity of a dismissal can only be determined if a direct link is established between the alleged moral harassment and the termination of the employment contract.

JUDICIAL TERMINATION AND WORK OVERLOAD

Judicial termination of an employment contract may be ordered when the employer imposes an excessive workload on the employee that is detrimental to their health and well-being.

DISMISSAL FOR MISCONDUCT

An employee cannot be dismissed for misconduct if a deterioration in their mental state prevented them from recognizing the reprehensible nature of their actions.

REMUNERATION AGREEMENT BASED ON THE NUMBER OF DAYS WORKED

Failure to monitor the workload of employees under a remuneration agreement based on the number of days worked (forfait-jours) does not, in itself, constitute automatic harm.

DISMISSAL PROCEDURE

The five-day period between the summons and the pre-dismissal meeting must exclude the day the registered letter was presented, as well as Sundays and public holidays.

REDEPLOYMENT LEAVE

A company car must be returned for the portion of the redeployment leave that exceeds the notice period.

DISMISSAL FOR ECONOMIC REASONS

A threat to economic competitiveness may justify a dismissal, even if it occurred prior to the dismissal and the company's situation has since slightly improved.

DISMISSAL FOR UNFITNESS

The absence of a redeployment proposal does not exempt the employer from the obligation to consult staff representatives regarding redeployment possibilities.

TELEWORK

Employees who are not provided with a professional workspace or who have a telework agreement may claim a home occupation allowance.

INTERNAL INVESTIGATION INTO DISCRIMINATION AND SEXUAL HARASSMENT

In a framework decision of 6 February 2025, the Defender of Rights issued recommendations concerning the conduct to be adopted by employers in cases of discrimination and sexual harassment.

DISMISSAL OF A PREGNANT EMPLOYEE

The nullity of the dismissal of a pregnant employee entails the payment of the wages not received during the period covered by the nullity.

DIFFERENCE IN TREATMENT AND SUBSTITUTION AGREEMENT

A difference in treatment resulting from a substitution agreement is presumed to be justified.

MORAL HARASSMENT

In cases of moral harassment, the judge must base their decision on an analysis of all the evidence provided by the employee.

PROFESSIONAL SECURITY CONTRACT

The absence of a mention of reemployment priority in the context of a professional security contract does not invalidate the dismissal, but may give rise to damages in the event of harm.

UNFITNESS TO WORK AND IMPOSSIBILITY OF REDEPLOYMENT

The occupational physician must refer to article L. 1226-2-1 of the Labor Code or to an equivalent wording to declare the unfitness to work of an employee and the impossibility of redeployment.

ECONOMIC DISMISSAL

The lack of selection criteria invalidates a redeployment offer and entails the consequences of a dismissal without real and serious cause

JUDICIAL TERMINATION AND GUARANTEE OF WAGE CLAIMS

The AGS (wage guarantee regime management association) covers unpaid wage claims in cases of judicial termination due to serious misconduct by the employer that prevents the continuation of the contract.

INSTITUTIONAL MORAL HARASSMENT

An employer who pursues a policy of destabilizing its employees with the aim of reducing its workforce is guilty of institutional moral harassment.

MODIFICATION OF THE EMPLOYMENT CONTRACT AND ECONOMIC DISMISSAL

The termination resulting from an employee's refusal to accept a modification of their employment contract, proposed for a reason not inherent to their person, amounts to a dismissal for economic reasons.

TRAVEL TIME

Travel between home and the vehicle pickup point does not constitute actual working time.

TEMPORARY EMPLOYMENT CONTRACT

Failure to comply with the waiting period and the grounds for using assignment contracts may justify their reclassification as a permanent contract (CDI).

BENEFIT IN KIND AND CONCEALED WORK

Company-provided accommodation made available free of charge to an employee constitutes a benefit in kind. Failure to assess and subject this benefit to contributions reflects the employer's intent to conceal.

ECONOMIC DISMISSAL

In the case of the economic dismissal of a protected employee, the administration does not investigate the employer's fault.

EMPLOYEE PRIVACY AND ADMISSIBILITY OF EVIDENCE

Messages sent by an employee via a company-provided phone, containing criticisms of the company and its managers, may be used in disciplinary proceedings.

STATUS OF EXECUTIVE OFFICER

A claim for back pay related to the contestation of the status of executive officer is subject to a three-year limitation period.

DISMISSAL FOR UNFITNESS

An employer, who delays initiating reclassification or dismissal procedures, thereby leaving the employee in forced inactivity, breaches their obligations.

SANCTION AGAINST A PROTECTED EMPLOYEE

OBLIGATION OF REDEPLOYMENT

Burden of proof regarding the scope of redeployment within a group

DISCRIMINATION AND BURDEN OF PROOF

The employee must provide evidence suggesting discrimination; the employer must then prove the absence of discrimination

TERMINATION OF EMPLOYMENT CONTRACT AND LIMITATION PERIOD

Failure to sign the account settlement does not trigger the limitation period

REMUNERATION

An employee on partial activity receives an hourly remuneration during public holidays

EMPLOYMENT OF OLDER EMPLOYEES

A national cross-industry agreement introduces new provisions for the employment of "experienced employees"

EXECUTIVE MANAGER

To classify an employee as an executive manager, it is necessary to assess their actual involvement in the management of the company

RESIGNATION

For a resignation to be valid, it must not be ambiguous

SETTLEMENT AGREEMENT

The conclusion of a settlement agreement bars the right for the parties to take further legal action

MATERNITY LEAVE

Working during maternity leave or sick leave entitles an employee to damages, but not to back pay.

SABBATICAL LEAVE

In the absence of a response from the employer, a sabbatical leave, even if requested late, is considered granted.

DATA PROTECTION

To prove union-based discrimination, the production of other employees' pay slips is permitted, provided it complies with GDPR provisions.

REST PERIODS

The inability to contact an employee during their rest days cannot be considered misconduct justifying a disciplinary sanction.

ELECTIONS AND FRAUD

In the event of fraud, a professional election is not canceled if said fraud had no impact on the result.

WORK ACCIDENTS

Leaving a preliminary meeting in tears is not enough to characterize a work accident.

REDEPLOYMENT OF AN UNFIT EMPLOYEE

TELEWORK

Teleworking from abroad without authorization may constitute serious misconduct.

UNFITNESS FOR WORK

The redeployment proposal in accordance with the recommendations of the occupational doctor is presumed to be fair.

CSE (SOCIAL AND ECONOMIC COMMITTEE) EXPERTISE

A court of justice may rule that the expert report requested by the CSE is abusive.

PERSONAL DISMISSAL

An employee cannot be dismissed for serious misconduct due to acts attributable to her partner.

MATERNITY LEAVE

An employer's failure to comply with the obligation not to make an employee work during her maternity leave automatically entitles the employee to compensation.

BREAK TIME

The mere finding of non-compliance with daily break times automatically entitles the employee to compensation.

STAFF REPRESENTATIVES

The absence of exceptional circumstances justifying the completion of additional delegation hours justifies a proportional deduction from salary.

REDEPLOYMENT OF AN EMPLOYEE DECLARED FIT FOR PART-TIME WORK

An employee who refuses a modification of their employment contract following the opinion of the occupational doctor is entitled to the maintenance of their salary.

TRIAL PERIOD OF PERMANENT CONTRACT

The duration of fixed-term contracts, even discontinuous ones, is deducted from the potential trial period of the permanent contract following them.

ECONOMIC DISMISSAL

Employees dismissed within 30 days preceding the first meeting for the implementation of the Employment safeguard scheme (PSE) may request payment of the supra-legal compensation provided for by the PSE.

DISCIPLINARY AUTHORITY OF THE EMPLOYER

A human resources director of a branch does not have the authority to sanction their hierarchical superior.

HARASSMENT AND INTERNAL INVESTIGATION

The implementation of an internal investigation is not mandatory in the event of harassment allegations.