Log Book
Newsletter No. 113 - May 2018
Summary
Prescription
clarification on the starting point of the conversion action in case of a compulsory indication missing in the contract.
CDD
limit to the conversion of a CDD into a CDI in the absence of a compulsory indication in the contract.
Occupational accident
exclusive jurisdiction of the labor court to rule on the merits of a dismissal for inaptitude.
Clause of no patent application
the regime of the non-compete clause does not apply.
Duty of loyalty
it remains in case of suspension of the contract.
Social security litigation
modifications by decree.
Company agreements
the filing is now dematerialized.
Electronic registered letter
publication of the decree.
Newsletter No. 112 - April 2018
Summary
Works council (CE)
no employer funding for the expert appointed before the presentation of the accounts.
Part-time
conditions of the conversion into a full-time contract.
Mobility clause
a mobility clause over the whole French territory is precise enough.
Macron orders
ratification law.
Collective mutually agreed termination (RCC)
publication of Q&A.
Economic and social committee (CSE)
publication of Q&A.
Newsletter No. 111 - March 2018
Summary
Dismissal
no compensation in lieu of notice for an employee dismissed following a driver’s license suspension.
Mutually agreed termination
details on the conditions of validity.
Account settlement
details on the conditions of disclosure.
Staff representative bodies (IRP)
details on the conditions of organization of the professional elections in very small companies.
Protected employees
the expiry of the protective status does not exclude nullity of the dismissal.
Non-compete clause
non-observance of the prior notice is without effect on the renunciation period.
Professional elections
during the notice period exemption, an employee remains an eligible elector.
Newsletter No. 110 - February 2018
Summary
Dismissal for economic reasons
an employer may choose not to amend certain contracts to avoid a PSE.
PSE
the notion of group, used to assess the sufficiency of the PSE, is further defined.
PSE
the administrative control of the professional categories is further defined.
Works council’s budget
abandonment of the reference to account 641 for the computation of the operating grant and of the contribution for ASCs.
CDD
relaxation of case law regarding the repeated use of replacement CDDs.
Temporary work
the ETT may be held contractually liable in case of non-observance of the waiting periods.
Right to privacy
an employer may freely consult files not identified as being private.
Newsletter No. 109 - January 2018
Summary
Co-employment
a new illustration of the difficulty to establish its existence.
Special severance pay
details on the conditions of its allocation.
CDD (fixed term contract)
the requalifying of a CDD into a CDI (open-ended contract) gives the right to the compensation provided for as part of a PSE (employment safeguard scheme).
Collective bargaining
the organization conditions of a company referendum are fixed.
Social and economic committee (CSE)
its composition and its means are fixed by decree.
Redundancy for economic reason
a decree specifies the conditions of proposition of redeployment positions.
Best wishes 2018
Life at Galion
1|18|2018
Newsletter No. 108 - December 2017
Summary
Equal treatment
case law turnaround regarding the conventional transfer of an employment contract.
Dismissal
consequences of a failure of the postal service.
Equal treatment
justification of the differences between employees hired after an agreement and those hired prior to said agreement.
Inaptitude
sanction of the breach by the employer of his obligation of redeployment.
Termination by mutual consent
details on the starting point of the limitation period.
Dismissal
publication of the decree relating to the procedure to specify the reasons set out in the letter of dismissal.
Procedure
details on the contestations of the opinions of the occupational doctor and on the decision-making procedure before the conciliation and orientation board.
Reform of labor law
publication of the sixth order, known as “catchall”.
Newsletter No. 107 - November 2017
Summary
Individual freedoms
conditions to compensate the occupancy of the employee’s domicile for professional purposes.
Moral and sexual harassment
admissibility of the employer joining civil proceedings as an injured party.
Staff representatives
deadlines assigned to the works council (CE) and to the Health, Safety and Working Conditions Committee (CHSCT) to deliver their opinion.
Freedom of religion
validity of neutrality provisions in the internal rules.
Procedure
details on the territorial jurisdiction of the union defender.
Working hours
additional details on the agreement relating to the forfait-jours (i.e., fixed number of working days).
Training
distance learning arrangements.