Log Book
Newsletter No. 98 - February 2017
Summary
Dismissal for economic reasons
The taking into account of all the criteria of order for dismissal.
Redeployment
The refusal of a position due to its distance to the place of residence is also valid in case of a position abroad.
Dismissal for economic reasons
Nullity of the dismissal during maternity leave.
Discrimination
Nullity of the dismissal of an employee having refused to take an oath on religious grounds.
Protected employees
Sitting on a professional joint committee gives a right to the protective status.
Very serious misconduct
Denigrating corporate policy with customers does not necessarily constitute very serious misconduct.
Social contributions
Prohibition for the foreign employer to transfer the responsibility of paying the social contributions to the employee in the absence of an establishment in France.
Newsletter No. 97 – January 2017
Summary
Fixed meal and transport allowances
they now constitute a reimbursement of expenses, not an additional pay.
Dismissal for economic reasons
a potential decrease in the subsidies is no ground for dismissal.
Christmas bonus
it is discretionary, if it fails to comply with the conditions of a company’s custom.
International work relations
determination of the applicable law.
Verbal dismissal
it cannot be later regularized by the sending of an invitation to attend a pre-dismissal meeting.
Road traffic offences
publication of the decree and the administrative order describing the reporting procedure of the driver employee by the employer.
Equality and Citizenship Law
the core social measures have been validated by the French Constitutional Court.
Social Security Financing Law for 2017
the main measures of interest to companies.
Newsletter No. 96 - December 2016
Summary
Dismissal of a protected employee
clarification relating to the control of the labour inspectorate upon expiration of the protection period.
Non-compete provision
no possible extension beyond what is expressly provided.
Benefits pertaining to categories of employees
a difference in treatment can be instituted, under certain conditions, in terms of remuneration.
Mutually agreed upon termination
failure to organize a meeting justifies cancellation of the agreement.
Whistleblowers
publication of the law relating to transparency, the fight against corruption and modernization of economic life, called “Sapin II”.
Staff representative bodies
publication of the decree describing the modalities for challenging the appraisals by the Hygiene, Security and Working Conditions Committee
Professional elections
publication of the decree relating to the electronic vote.
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.