Newsletter No. 173 - May 2023
Characterization of moral harassment by the employee who intends to report it.
MUTUALLY AGREED TERMINATION
The signing of a mutually agreed termination constitutes a waiver of the verbal dismissal previously pronounced.
Possibility of instituting a difference in treatment in the allocation of meal vouchers.
Possibility of conditioning the golden hello on a presence clause, under penalty of a reimbursement pro rata temporis.
DISMISSAL FOR A PRIVATE MATTER
The dismissal of an employee convicted of sexual assault that caused a lasting turmoil in the company is justified.
The "JO 2024" law provides a derogation from the principle of Sunday rest, for the time of the Olympic Games.
Newsletter No. 172 - April 2023
Details on the extent of the redeployment obligation incumbent on the employer.
EXPERT’S ASSESSMENT ON THE REPORT RELATING TO PROFIT-SHARING
The financing of the cost of the expert’s assessment relating to the establishment of the report on profit-sharing in the company rests exclusively with the employer.
Details on the deadline within which the employer must specify the reasons for the termination.
Extension of the multi-replacement fixed-term contract experiment until 13 April 2025.
ABANDONMENT OF POSITION
Publication of the decree relating to the presumption of resignation in the event of abandonment of post.
Newsletter No. 171 - March 2023
Clarifications on the regime of evidence admissibility.
Business travel time and effective working time.
PROOF OF PAY INEQUALITY
A female employee is entitled to obtain from the employer communication of the pay slips of male colleagues.
CONVERSION OF A CDD (FIXED-TERM CONTRACT)
Clarifications on the indemnity consequences of a conversion of a CDD into a CDI (permanent contract).
Newsletter No. 170 - February 2023
Undermining dignity, a new ground for compensation of employees exposed to toxic substances.
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.
An employee declared unfit cannot be dismissed for a reason other than unfitness.
Newsletter No. 169 - January 2023
Control of compliance with the obligation to prevent sexual harassment: duty of the appeal judge in the absence of the appearance of the employer.
The protection against discrimination extends to self-employed workers.
The information of the employee on the economic reason for the termination of the employment contract must occur before entering into the CSP.
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.
Presentation of the pension reform project.
Newsletter No. 168 - December 2022
DISMISSAL FOR ECONOMIC REASONS
It is forbidden to waive the dismissal rules in advance.
An employee can validly be declared unfit even without a study of the position.
The application of a mobility clause within a group constitutes a modification of the employment contract.
The digitized signature of the employer on a CDD (fixed-term contract) is valid.
The recommendations of the CNIL on the processing of personal data in the event of electronic voting during professional elections.
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
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.
The rule of proportioned representation of women and men applies to by-elections.
An airline cannot forbid a flight attendant from wearing braids.
Evidence from the employee's personal electronic diary is not necessarily inadmissible.
The presumption of resignation is definitively adopted.
Companies must register for the AT/MP account before 12 December 2022.
Newsletter No. 166 - October 2022
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.
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.
Publication of the implementation decree relating to the protection of whistle-blowers.
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
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.
An agenda may be modified at the beginning of a meeting unanimously by the present members.
Holding a degree does not always make it possible to legitimize unequal treatment between employees occupying the same position.
A trade union may claim the suspension of the internal regulations for failure to consult the social and economic committee.
The current rules of the unemployment insurance scheme and of the bonus-malus would be extended.
Newsletter No. 164 - August 2022
Need to update the internal rules to include a reminder of the existence of the whistle-blower protection system.
End of the exceptional regimes created to fight against the Covid-19 epidemic.
Employers must ensure the safe return of vulnerable employees.
UNFIT PROTECTED EMPLOYEE
Available interim positions must be offered in matters of redeployment.
Entry into force of the "purchasing power package" provided for by the government to fight against inflation.
Extension of the list of information to be transmitted to the employee upon recruitment.