Log Book
Newsletter No.186 - June 2024
Summary
OBLIGATION OF LOYALTY
The liaison between a staff representative and the HR manager constitutes a breach of the obligation of loyalty justifying the dismissal of the latter.
MODIFICATION OF EMPLOYMENT CONTRACT
An employee responsible for a child with a disability can legitimately refuse a change in working hours.
EVIDENCE AND ACCIDENT AT WORK
An unfair recording can be considered admissible to allow an employee to establish a work accident and an inexcusable fault.
MUTUALLY AGREED TERMINATION
The intentional concealment by the employee of information critical to the employer's consent results in the nullity of the mutually agreed termination for lack of consent.
ECONOMIC DISMISSAL
The fault of the employer at the origin of the economic difficulties deprives the dismissal of a real and serious cause.
SEVERANCE PAY
Therapeutic part-time work must be neutralized for the calculation of severance pay.
REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS) AND SYNTEC
Extension of the amendment of 13 December 2022
Newsletter No.185 - May 2024
Summary
SUBSTITUTION AGREEMENT
A substitution agreement may be applied retroactively, as long as it does not deprive the employee of their legal rights.
DISCIPLINARY PROCEDURE
When statutory or conventional rules provide for it, referring a case to a Disciplinary Council interrupts the one-month period for notifying the disciplinary sanction.
WORK ACCIDENTS
The death of an employee at home due to a heart attack occurring during telework hours constitutes a work accident.
PROOF OF DISCRIMINATION
The material impossibility for an employer to take into account the disabled worker status of an employee and to offer the necessary accommodations does not, in itself, constitute discrimination.
LEAVE FROM WORK
Engaging in sports activities during a leave from work, without express and prior authorization, results in the loss of daily allowances.
RIGHT OF WITHDRAWAL
The employer may make a salary deduction, if they consider the exercise of the right of withdrawal to be abusive.
UNFITNESS FOR WORK
The limitation period for the action for payment of salaries runs from the date each salary claim becomes due.
Newsletter No.184 - April 2024
Summary
PAID LEAVE AND SICK LEAVE
The new legal provisions concerning the acquisition of paid leave during sick leave came into force on 24 April 2024.
DISMISSAL OF A PROTECTED EMPLOYEE
The request for authorization to dismiss a protected employee, filed by a person not authorized to act on behalf of the employer, may be rectified before the labor inspectorate reaches a decision.
DISMISSAL DUE TO ECONOMIC REASONS
The elements for assessing the dismissal order criteria may vary depending on the professional categories.
CSE AND SOCIAL AND CULTURAL ACTIVITIES (ASCs)
A seniority criterion in the allocation of the ASCs of the CSE is illegal.
VERBAL DISMISSAL
The dismissal announced verbally to the employee before the sending of the notification is deprived of real and serious cause.
SUNDAY WORK AND OLYMPIC GAMES
Exemption from Sunday rest is subject to the voluntary agreement of the employee, under penalty of a minor offense.
UNILATERAL COMMITMENT
Contrary to a company practice, a unilateral commitment that has been renewed does not require termination or notice.
PAYSLIPS AND PRIVACY
Publishing a union delegate's pay slip in a union leaflet violates their privacy.
Newsletter No.183 - March 2024
Summary
COLLECTIVE AGREEMENT AND ECONOMIC SOCIAL UNITS (UES)
An agreement amending the scope of a UES is not an inter-company agreement.
DISMISSAL OF AN EXPATRIATE EMPLOYEE
The sums owed to an expatriate employee, whose dismissal had been without real and serious cause, must be calculated with reference to the salaries received by the employee in their last position.
MUTUALLY AGREED TERMINATION
The signing of a mutually agreed termination agreement on the same day as the meeting does not result in the agreement being null and void.
LIMITATION PERIOD
The limitation period applicable to a claim depends on its nature.
SEXUAL HARASSMENT
The sexual behavior of an employee who has had an impeccable career makes it impossible for them to remain in the company.
TERMINATION AND EMPLOYEES' PRIVATE LIFE
A reason taken from an employee's personal life cannot in principle justify disciplinary dismissal.
TERMINATION FOR UNFITNESS
An employer may dismiss an employee declared unfit if they justify the latter's refusal of a position in line with the recommendations of the occupational doctor.
JUDICIAL TERMINATION
In cases of judicial termination, the burden of proof regarding compliance with safety obligations falls on the employer.
Newsletter No.182 - February 2024
Summary
PAID LEAVE
Compliance with the Constitution of legal provisions regarding entitlement to paid leave during sick leave.
FAIRNESS OF THE PROOF
Admissibility of video surveillance to ensure the exercise of the employer’s right to proof.
EMPLOYEE IMAGE
The employee's image cannot be used by the employer for commercial purposes without obtaining prior consent.
TERMINATION WITHOUT REAL AND SERIOUS CAUSE
The Court of Appeal of Grenoble continues to resist and once again rejects the Macron scale.
OVERTIME
Proof of overtime can be provided by any means.
DISCIPLINARY LAW
No prior sanction occurring more than three years before the initiation of disciplinary proceedings can be invoked in support of a new sanction.
WORKING HOURS
Failure to comply with the maximum working hours necessarily causes harm to the employee.
Newsletter No.181 - January 2024
Summary
UNFITNESS
An employer's compliance with the obligation to redeploy does not exempt them from resuming salary payments if no dismissal or redeployment occurred within the month following the declaration of unfitness.
PROTECTED EMPLOYEES
The decision to authorize the dismissal of a protected employee is binding on the judicial judge.
AGREEMENT FOR REMUNERATION BASED ON THE NUMBER OF DAYS WORKED
The individual agreement for remuneration based on the number of days worked concluded in the absence of a collective agreement must comply with the supplementary provisions under penalty of nullity.
FAIRNESS OF EVIDENCE
Inadmissibility of the audio recording which was not essential in the exercise of the right to evidence.
BURDEN OF PROOF
The burden of proof placed on victims of moral and sexual harassment must not be excessive.
NON-COMPETE CLAUSE
The violation of the non-compete clause by the employee results in the permanent loss of the financial compensation.
UNEMPLOYMENT COMPENSATION
Clarifications on the applicable procedure in case of a refusal by an employee of a permanent contract proposal at the end of a temporary contract.
Newsletter No.180 - December 2023
Summary
FAIRNESS OF THE PROOF
The Court of Cassation now admits that, in a civil dispute, a party may use, under certain strict conditions, evidence obtained unfairly to assert their rights.
FOREIGN WORKERS
Foreign employees who have not applied for the renewal of their residence permit may be dismissed after it expires.
ACCIDENTS AT WORK
The presumption of an accident at work can only be contested by a cause entirely unrelated to work.
UNFITNESS
The obstacle to any on-site redeployment does not exempt the employer from its redeployment obligation.
PREGNANT EMPLOYEE
Sending the notice to attend the pre-dismissal meeting during the protection period renders the dismissal null and void.
REMUNERATION
An employer who pays a non-formalized bonus for seven years cannot stop its payment on the pretext of an error.
INTERNAL INVESTIGATION
The internal investigation report is not an illicit means of evidence and can be used to justify dismissal for misconduct.
Newsletter No.179 - November 2023
Summary
EMPLOYEE INFORMATION
Entry into force on 1 November 2023 of the decree implementing the law of 9 March 2023, transposing the European directive of 20 June 2019, relating to employee information.
MODIFICATION OF THE EMPLOYMENT CONTRACT
The proposition to modify the employment contract for economic reasons must be sufficiently precise.
CALCULATION OF THE SEVERANCE PAYMENT
Stock options do not constitute remuneration that can be used to calculate the severance payment.
ECONOMIC REASONS
Only a complete cessation of the company's activity can justify dismissal for economic reasons.
SAFETY OBLIGATION
The employer must prove that he has taken all necessary measures to ensure the safety of the employee.
Newsletter No.178 - October 2023
Summary
PROTECTED EMPLOYEES
The employer who has not disputed the candidacy of an employee cannot exclude the prior authorization procedure for dismissal.
RIGHT TO EVIDENCE AND PRIVACY
The infringement of privacy must be essential to the exercise of the right to evidence.
FRENCH LANGUAGE
Working documents written in English are not enforceable against an employee.
PRIVACY
Traffic violations by an employee during personal trips with a company vehicle cannot justify dismissal for misconduct.
BDESE (economic and social database)
The employer is not required to organize a prior negotiation on the content of the economic and social database.
ORDER OF DISMISSALS
The order of dismissals is not necessary if all the positions in the same category are abolished.