Log Book

DISMISSAL FOR ECONOMIC REASONS

A dismissal for economic reasons pronounced before receiving the responses from companies contacted in relation with a potential redeployment process has no real and serious cause.

EMPLOYMENT PROTECTION PLAN (PSE)

The eligibility criteria for the measures provided for under an employment protection plan must be defined in advance and must be objectively verifiable.

CLASS ACTION

A class action is admissible for discrimination that began before the entry into force of the law that established such actions.

DISMISSAL FOR SERIOUS MISCONDUCT

Sexually-oriented remarks made by a sales director, even under the guise of humor, justify dismissal for serious misconduct.

TELEWORK

The implementation of telework prescribed for medical reasons cannot be refused solely because the employee objects to a visit from their employer to their home.

EXPATRIATION

In the case of an expatriate employee, the classification of undeclared work applies only to obligations provided for under French law.

DISMISSAL

Periods of contract suspension are included in the calculation of length of service for the purpose of determining compensation for dismissal without reel and serious cause

MEAL VOUCHERS AND TELEWORK

Teleworking is not a valid reason to refuse granting meal vouchers

LIMITATION PERIODS

Actions seeking to annul a settlement agreement are subject to a five-year limitation period

UNFAIR DISMISSAL

The exceptional purchasing power bonus is payable to an employee whose dismissal is found to be without real and serious cause

STAFF ELECTION

The resignation, during annulment proceedings, of an elected representative of the overrepresented gender does not entail their replacement

EMPLOYMENT OF SENIOR WORKERS

Employment of senior workers becomes a mandatory topic for collective bargaining within professional branches and certain companies

EMPLOYEE REPRESENTATIVES

The limit of three consecutive terms for elected members of the CSE (i.e., Works Council) is abolished

FREEDOM OF EXPRESSION

A letter sent by a lawyer refusing to sign a mutual termination agreement cannot be regarded as an employee’s exercise of her freedom of expression.

PAID LEAVE AND SICKNESS

A sick leave period during a period of paid leave results in the carryover of such paid leave, provided that the employer is notified of the leave.

PAID LEAVE

Paid leave must be included in the calculation of the threshold for triggering overtime when working time is calculated on a weekly basis.

TRADE UNION DISCRIMINATION

Trade union discrimination constitutes damage per se.

RELIGIOUS FREEDOM

Dismissal based on conduct relating to the employee’s religious freedom occurring in the private sphere is null and void.

DISMISSAL PROCEDURE

The employer is not required to inform the employee of their right to remain silent during the pre-dismissal interview.

PAYSLIP

The mention of RTT days on the payslip is for informational purposes only, and the burden of proof of their actual grant lies with the employer.

COMPANY ADMINISTRATION

A decree details the rules for balanced representation of women and men in company management bodies.

HEALTH AND SAFETY AT WORK

A decree specifies the procedures for declaring occupational health and safety training in the prevention passport.

PATERNITY LEAVE

The Constitutional Council upholds the scope of beneficiaries of paternity leave, dismissing the alleged breach of equality for same-sex couples.

PAYSLIP

The entry into force of the permanent payslip model has been, once again, postponed for another year.

CLASS ACTION

A decree provides new procedural clarifications regarding class actions.

HEALTH AND SAFETY AT WORK

An Order specifies the scope of the smoking ban extended to certain uncovered areas. It also publishes new signage models to be displayed in non-smoking areas.

CLASS ACTION

The list of courts with jurisdiction to hear class actions is now established.

NULLITY OF DISMISSAL

An employee whose dismissal is declared null may claim compensation for back pay but is not entitled to severance payments.

TRADE UNION REPRESENTATIVENESS

A ministerial order establishes the representativeness and weight of trade union organizations at the national and cross-industry level.

PAYSLIP

The date appearing on the payslip only serves as a presumption of recognition of seniority.

TRANSFER OF EMPLOYMENT CONTRACT

INVESTIGATION REPORT

Judges must assess anonymous witness statements in light of other evidence when assessing allegations supporting a dismissal.

TERMINATION OF PROBATIONARY PERIOD

Termination of a probationary period on discriminatory grounds does not entitle the employee to compensation for null and void dismissal.

UNFITNESS AND REDEPLOYMENT

The impossibility of redeploying an employee declared unfit for work exempts the employer from notifying the reasons opposing such redeployment.

NULLITY OF DISMISSAL

A dismissal based on a matter pertaining to the intimate sphere of an employee's private life is necessarily null and void.

DAILY SICKNESS BENEFITS

A temporary stay abroad during a period of sick leave may justify the suspension of daily sickness benefits.

EMPLOYEE HEALTH AND SAFETY

The employer must ensure compliance with the occupational physician’s recommendations, including when the employee is on assignment.

PERSONAL DATA

Professional emails sent and received by an employee constitute personal data which the employer must communicate to them upon request.

VERBAL DISMISSAL

Depriving an employee on sick leave of all activities and means of access to the company may constitute verbal dismissal.

DISCIPLINARY PROCEDURE

A four-day period between the summons and the preliminary interview for a disciplinary sanction is sufficient.

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.