Log Book
Newsletter No. 170 - February 2023
Summary
ASBESTOS LITIGATION
Undermining dignity, a new ground for compensation of employees exposed to toxic substances.
WHISTLE-BLOWERS
Dismissal of a whistle-blower: details on the duty of the summary proceedings judge (juge des référés).
SOCIAL AND ECONOMIC COMMITTEE (CSE)
Employers' organizations and trade unions freely determine the separate establishments.
PREJUDICE OF ANXIETY
The employee of an external company can request compensation from the user company.
PROFESSIONAL UNFITNESS
An employee declared unfit cannot be dismissed for a reason other than unfitness.
Newsletter No. 169 - January 2023
Summary
SEXUAL HARASSMENT
Control of compliance with the obligation to prevent sexual harassment: duty of the appeal judge in the absence of the appearance of the employer.
DISCRIMINATION
The protection against discrimination extends to self-employed workers.
ECONOMIC REDUNDANCY
The information of the employee on the economic reason for the termination of the employment contract must occur before entering into the CSP.
STRIKE
Nullity of the dismissal of a striking employee: the employer must reimburse unemployment benefits.
HEALTH AND SAFETY
Expansion of the scope of compensation for victims of an occupational accident or of an occupational illness in the event of an inexcusable fault on the part of the employer.
RETIREMENT
Presentation of the pension reform project.
Newsletter No. 168 - December 2022
Summary
DISMISSAL FOR ECONOMIC REASONS
It is forbidden to waive the dismissal rules in advance.
UNFITNESS
An employee can validly be declared unfit even without a study of the position.
MOBILITY CLAUSE
The application of a mobility clause within a group constitutes a modification of the employment contract.
DIGITIZED SIGNATURE
The digitized signature of the employer on a CDD (fixed-term contract) is valid.
ELECTRONIC VOTING
The recommendations of the CNIL on the processing of personal data in the event of electronic voting during professional elections.
UNEMPLOYMENT
The right to unemployment benefits will be excluded in the event of refusal of a CDI at the end of a CDD or an interim contract.
Newsletter No.167 - November 2022
Summary
ITINERANT EMPLOYEES
The travel time of itinerant employees may constitute effective working time.
UNFITNESS FOR WORK
No consultation of the CSE in the event of an exemption from seeking redeployment.
STAFF REPRESENTATION
The rule of proportioned representation of women and men applies to by-elections.
DISCRIMINATION
An airline cannot forbid a flight attendant from wearing braids.
EVIDENCE
Evidence from the employee's personal electronic diary is not necessarily inadmissible.
UNAUTHORIZED ABSENCE
The presumption of resignation is definitively adopted.
SOCIAL PROTECTION
Companies must register for the AT/MP account before 12 December 2022.
Newsletter No. 166 - October 2022
Summary
DISMISSAL PROCEDURE
The employer may announce a dismissal orally only if the notification letter has already been sent.
DAYS WORKED CONTRACT (FORFAIT-JOURS)
Hours worked on Sunday are not extra hours.
CSE’s ACTION
The CSE (social and economic committee) may not invoke, as it is inadmissible, the illegality of a clause of a mandatory profit-sharing agreement that it signed itself.
WHISTLE-BLOWERS
Publication of the implementation decree relating to the protection of whistle-blowers.
UNAUTHORIZED ABSENCE
The bill on the labor market, adopted by the National Assembly on 6 October 2022, establishes a presumption of resignation in the event of a deliberate unauthorized absence.
Newsletter No. 165 - September 2022
Summary
COVID-19
Ad hoc consultation on a reorganization project is not subject to prior compliance by the employer with the obligation to consult the CSE on the company's strategic guidelines.
CENTRAL CSE
An agenda may be modified at the beginning of a meeting unanimously by the present members.
EQUAL TREATMENT
Holding a degree does not always make it possible to legitimize unequal treatment between employees occupying the same position.
UNION ACTION
A trade union may claim the suspension of the internal regulations for failure to consult the social and economic committee.
LABOR REFORM
The current rules of the unemployment insurance scheme and of the bonus-malus would be extended.
Newsletter No. 164 - August 2022
Summary
INTERNAL RULES
Need to update the internal rules to include a reminder of the existence of the whistle-blower protection system.
COVID-19
End of the exceptional regimes created to fight against the Covid-19 epidemic.
COVID-19
Employers must ensure the safe return of vulnerable employees.
UNFIT PROTECTED EMPLOYEE
Available interim positions must be offered in matters of redeployment.
SOCIAL POLICY
Entry into force of the "purchasing power package" provided for by the government to fight against inflation.
RECRUITMENT
Extension of the list of information to be transmitted to the employee upon recruitment.
Newsletter No. 163 - July 2022
Summary
DISMISSAL
Indication of the procedure for requesting details on the reasons for dismissal in the notification letter.
COVID-19
Conditions for using the derogatory system for taking days of rest set up in the context of the health crisis.
MORAL AND/OR SEXUAL HARASSMENT
Admissibility of a non-exhaustive internal investigation report as proof of acts of harassment.
TRAVEL EXPENSES
Bearing by the employer of the travel expenses of employees who moved to the provinces during the health crisis.
SOCIAL POLICY
Adoption in first reading of the bill on purchasing power.
JURISDICTION OF THE CSE OF AN ESTABLISHMENT (or CSEE)
Consultation of the CSEE to develop measures decided at the central level.
Newsletter No.162 - June 2022
Summary
REDUNDANCY
Assessment of the economic ground based on a significant drop in the company's turnover or orders.
PROFESSIONAL ELECTIONS
Value of the principle of equality in the exercise of the right to vote.
PAY
Starting point of the back pay action based on the conversion of a part-time employment contract into a full-time contract.
PRIOR MEDIATION CLAUSE
Referral to the labor court in the presence of a prior mediation clause.
DELEGATION HOURS
Refusal of an employer to pay the hours of delegation of a staff representative.
TEMPORARY INCREASE IN ACTIVITY
Use of the assignment contract for temporary increase in activity.
MORAL HARASSMENT
Internal investigation carried out by the HRM as evidence.