Log Book
Newsletter No. 106 - October 2017
Summary
Hygiene and safety
possibility for an employer to file a complaint against a doctor.
Termination of the employment contract
consequences of a dismissal during a procedure of judicial termination.
Individual freedoms
privacy and business travel.
Working time
conditions of validity of a forfait jours (i.e., a working time arrangement whereby working time is not counted in hours but is based on a fixed number of working days per year) resulting from a company agreement.
Termination of the employment contract
redundancy and incompetence.
Equal treatment
validity of the differences in treatment between distinct establishments belonging to the same company.
Health, Safety, and Working Conditions Committee (CHSCT)
validation of the timeframe to appeal against the expert assessment.
Newsletter No. 105 - September 2017
Summary
Working hours
details on the notion of executive officer.
Employment contract
legal status of the offer of employment.
Employment contract
right to employment and temporary assignment.
Fundamental freedoms
employees’ emails monitoring conditions.
Dismissal
reassessment of the severance pay.
Labor
publication of the law empowering the government to reform labor law and of the five orders reforming labor law.
Newsletter No. 104 - August 2017
Summary
Protected employees
consequence of the cancellation of the employment safeguard scheme (PSE) on the dismissal authorization.
Procedure
interest in taking legal action of the trade unions on the occasion of a transfer of employment contracts.
Procedure
postponement of the deadline for submitting applications for the position of labor court councilor.
Discrimination
enhanced law enforcement regarding provocations, defamations and non-public insults of a racist or discriminatory nature.
Works council
validity of the non-suspendible consultation periods.
Computer technology and freedom
modification of the scope of the unique authorization for professional alerts.
Newsletter No. 103 - July 2017
Summary
URSSAF
social treatment of the transactional compensation paid at the end of a fixed-term contract (CDD).
Discrimination
validity of an advantage granted to women.
Occupational health
professional nature of the fact of feeling faint during a periodic examination at the occupational doctor’s.
Procedure
bearing of the defense costs incurred by an employee.
Working hours
conditions of admissibility of a claim for damages for the non-payment of extra hours.
Dismissal
details on the dismissal procedure of a protected employee.
Dismissal
priority question on constitutionality (QPC) relating to the provisions allowing to dismiss employees having refused a modification of their employment contract.
Company agreement
QPC relating to the organization details of the referendum allowing to validate a minority company agreement.
Newsletter No. 102 - June 2017
Summary
Civil liberties
impact of the absence of a declaration to the CNIL, on the admissibility of an evidence.
Dismissal for economic reasons
voluntary redundancy scheme provided for in an employment safeguard scheme (PSE) and order of the dismissals.
Protected employee
conditions of opposability of a mandate external to the judicial liquidator.
Ineptitude
specification concerning redeployment offers.
Termination of the employment contract
consequences of retirement within a difficult context.
Dismissal for economic reasons
consequences of a failure to consult the personnel representatives.
Dismissal
calculation methods of the severance pay in case of sick leave.
Procedure
validity of the accelerated procedure in case of the taking note of the termination of the employment contract.
Newsletter No. 101 - May 2017
Summary
Mutually agreed termination
the Direccte may go back on a decision of non-approval.
Dismissal for inability
specifications on the method of calculation of the severance pay.
Redeployment of an unfit employee
specifications on the scope of the offers and tasks to propose to the employee.
Labor court proceedings
publication of decrees concerning the conditions of referral to the labor court and the effects of the closing ordinance.
Secondment
publication of a decree aiming at fighting against illegal international provisions of services.
Opinion of the occupational doctor
specifications on the new rules of contestation of the occupational doctor’s opinions.
Unemployment
approval of the new unemployment insurance agreement.
Challenge (contredit)
replacement of the challenge by the appeal.
Newsletter No. 100 - April 2017
Summary
Health and safety
consequences of the absence of compulsory medical visits.
Social security contributions
impact of the ministerial letters and memoranda of the Acoss.
CHSCT (health and safety committee)
CHSCT expert and professional confidentiality.
Professional alert
procedures of collection of the alerts put forward by the whistleblowers.
Unique staff delegation (DUP)
validation of the prior notice related to the new modalities of use of the credit of hours.
Union representative defender
validation of the provisions relating to professional confidentiality and the obligation of discretion.
Labor inspection
publication of the decree establishing a code of ethics for the public service of the labor inspection.
Newsletter No. 99 - March 2017
Summary
Maternity
validation of the dismissal of a pregnant employee in the absence of a renewal of the work authorization.
Co-employment
financial support and technical assistance brought by the parent company to its subsidiary do not suffice to characterize co-employment.
Religion within the company
The CJEU sets its conditions regarding the restrictions on the wearing of religious symbols within a company.
End of contract documents
delivery of the Pôle Emploi attestation in case of dismissal.
Managerial harassment
validation of the dismissal of the HR manager who has not put an end to the acts of harassment.
Listed limited liability companies (LLCs)
publication of the decree providing for the validation by the shareholders of the managers’ remuneration.
Duty of care
enactment of the law without its “fine” section.