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.
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.
The violation of the non-compete clause by the employee results in the permanent loss of the financial 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.
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 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.
The obstacle to any on-site redeployment does not exempt the employer from its redeployment obligation.
Sending the notice to attend the pre-dismissal meeting during the protection period renders the dismissal null and void.
An employer who pays a non-formalized bonus for seven years cannot stop its payment on the pretext of an error.
The internal investigation report is not an illicit means of evidence and can be used to justify dismissal for misconduct.
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.
The proposition to modify the employment contract for economic reasons must be sufficiently precise.
Stock options do not constitute remuneration that can be used to calculate the severance payment.
Only a complete cessation of the company's activity can justify dismissal for economic reasons.
The employer must prove that he has taken all necessary measures to ensure the safety of the employee.
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.
Working documents written in English are not enforceable against an employee.
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.
An employer cannot demand to know the age of a job candidate if he does not demonstrate that it is an objective and determining criterion for his or her hiring.
Major case law developments concerning the right to paid leave.
The time between the convening and the holding of the pre-dismissal meeting starts when the notification to attend is presented.
RULES OF EVIDENCE
Evidence of a breach reported by a “mystery client” is lawful, as long as the employee has been informed of such a procedure.
The whistleblower denouncing a crime or an offense does not have to be disinterested.
A leave from work due to illness of non-occupational origin does not prevent the acquisition of paid leave.
Clarifications relating to phased retirement, the pension resulting from the full combination of employment and retirement and the social regime for individual mutually agreed termination.
A payrolling contract can be converted into a permanent contract within 5 years of its end, even if the employee did not have a permanent job.
DELEGATION OF AUTHORITY
The new National Collective Bargaining Agreement for the metallurgy industry imposes a “preliminary reflection” before the implementation of a delegation of authority.
OCCUPATIONAL WEAR AND TEAR
Details on the application of article 17 of the LFRSS of 14 April 2023 on the prevention of occupational wear and tear.
In companies with 11 to 20 employees, the employer must organize professional elections, even in the absence of a candidate.
Control of the interference with personal and family life when implementing a mobility clause.
CAREER DEVELOPMENT INTERVIEW
The career development interview and the evaluation interview may take place on the same day.
An employee may request the application of the collective agreement included in his employment contract.
CSE CHARTERED ACCOUNTANT
The CSE chartered accountant cannot interview employees without the employer’s agreement.
Only a member of the CSE may contest a modification of the agenda made outside the conventional and legal deadlines.
An employer must prove that the dismissal of an employee is not linked to his request for professional elections.
New CNIL reference frame for the processing of personal data in the context of whistle-blowing systems.
The annual objectives defined unilaterally by the employer are not implicitly renewable.
The travel times of an employee on a long journey do not automatically constitute working time.
TERMINATION OF EMPLOYMENT CONTRACT
The dismissal pronounced in lieu of a disciplinary sanction is not necessarily of a disciplinary nature.
A judge can rule on the validity of sanctions adopted against a protected employee before his dismissal.
An employee's accident occurring outside working hours is not an accident at work.
Obligation of the employer to inform the labor inspectorate within 12 hours of the accident.
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.