Log Book
Newsletter No. 95 - November 2016
Summary
Termination of employment contract
clarification relating to the waiver by the employer of the non-compete provision.
Staff representatives
conditions of admissibility of evidence brought by a trade union.
Economic dismissal
clarification on the concept of the group’s scope.
Unfitness
new clarification relating to employee’s redeployment.
Works council
clarification relating to the calculation of the contribution to social and cultural activities.
Dismissal
publication of the reference table of the indemnities due in the event of an unjustified dismissal.
Procedure
law modernizing justice of the XXIst century.
Working time
decrees providing for various measures relating to working time, rest and leave.
Newsletter No. 94 - October 2016
Summary
Restructuring
implementation of the collective warranties of the absorbing company to the employees of the absorbed company.
Termination of employment contract
clarification on the amounts owed to the employee in case of constructive dismissal.
Harassment
irresponsibility of the employer in the event of acts committed by third parties.
Cloakrooms and catering
modification of the regime of the provision of such premises.
Dismissal
compliance with the Constitution of the indemnification of the dismissal without real and serious ground.
Mandatory displaying of information and relationships with the labour authority
simplification of the companies’ obligations.
Social contributions
clarification relating to the extension of the procedure whereby questions can be submitted to the social authorities (“rescrit social”).
Works Council
simplification of the assessment of the threshold of 300 employees.
Newsletter No. 93 - September 2016
Summary
Works Council
clarification relating to the deadline for consultation, which cannot be suspended or interrupted (“délai préfix”).
Salary
new clarification relating to different treatment of employees from different sites.
Termination of employment contract
amounts due to the employee in case of justified constructive dismissal.
Dismissal
obligation to reinstate the employee at their request in case of nullity of dismissal.
Working time
qualification of time spent in company housing outside any intervention.
Working time
conditions of validity of the control as part of the all-inclusive working time in days.
Working time
infringement of an all-inclusive working time in days and concealed work (“travail dissimulé”).
Newsletter No. 92 - August 2016
Summary
Secondment
conditions of electronic transmission of secondment declarations and certificates.
Procedure
clarification on the new conditions of representation before the courts of appeal in labour disputes.
Job Act
validation of the main provisions by the Constitutional Court.
Job Act
publication of the law relating to employment, modernization of the social dialogue and securization of career paths, called “Job Act”.
Employment
incentive for the research of the first job.
Training
individual training entitlement and dismissal for wilful misconduct.
Newsletter No. 91 - July 2016
Summary
Dismissal
nullity of the dismissal of the whistleblower.
Dismissal
consequences of an irregular procedure.
Fixed-term employment contract
form of the hiring promise.
Hygiene and Security Committee
attributions with respect to collective dismissal on an economic ground.
Co-employment
confirmation of the restrictive definition of such concept.
Collective relationships
clarification relating to the definition of strike.
Procedure
appeal in labour law proceedings remains free.
Staff representative bodies
methods of consultation in companies of 50 employees and more.
Social security contributions
reinforcement of the rights of the contributors.
Procedure
arrangement of the new status of the trade defensor in labour law proceedings.
Newsletter No. 90 - June 2016
Summary
Employment contract
consequences of the absence of a financial consideration in a non-compete provision.
Harrassment
additional clarification on the assessment of the facts by the judges ruling on the merits.
Employment contract
consequences of refusal by an employee of an amendment to their employment contract as part of a transfer.
Harassment
new possibility for the employer to be discharged from their liability.
Termination of employment contract
independence of the termination of the employment contract in the framework of a tripartite transfer agreement.
Economic dismissal
procedure relating to redeployment.
Employment contract
strict assessment of the obligation to hand over the fixed-term employment contract within two days.
Non-discrimination
creation of a new criterion to fight against discrimination.