Log Book
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.
Newsletter No.89 - May 2016
Summary
Termination of employment contracts
consequences of the absence of redeployment offers to employees who have accepted voluntary departures within the framework of a social plan without any commitment from the employer not to proceed with any dismissal.
Termination of employment contracts
clarification on the scope of the obligation to state the economic grounds in the dismissal letter.
Staff representative bodies
sanctions of the failure to set up staff representative bodies.
Professional elections
consequences of the cancellation of the elections on the appointments made by trade unions.
Recharacterization of fixed-term contracts into an indefinite-term contract
starting point of the length of service in case of several discontinuing fixed-term contracts.
Labour court procedure
publication of a decree implementing the reform started by the Macron law of 6 August 2015.
Newsletter No. 88 - April 2016
Summary
Remuneration
consequences of late payment of the salary.
Remuneration
consequences of late delivery of the payslips.
Termination of the employment contract
inadmissibility of the claim for constructive dismissal based on old facts.
Termination of the employment contract
absence of grounds in the letter inviting the employee to the pre-dismissal meeting.
Hygiene and security
consequences of the occupational doctor’s notice of fitness subject to modification of the position.
Professional elections
clarification relating to the consequences of the cancellation of elections.
Labour courts
modalities of the appointment of the labour court judges.
Staff representative bodies
modalities concerning the unfolding of the meetings.
Labour inspectorate
reform of the control of the application of labour law.
Newsletter No. 87 - March 2016
Summary
Hygiene and security
sanction of the failure to comply with the recommendations of the occupation doctor.
Casual work contract (“intermittent”)
conditions for the recharacterization into a full-time employment contract.
Unfitness
new clarification relating to the dismissal process.
Protected employee
clarification relating to the dismissal procedure due to illness-related repeated or extended absences.
Hygiene and Security Committee
effects of the partial repeal of Article L. 4614-13 of the Labour Code.
Dismissal
repeal of the deprival of the paid leave indemnity in case of a willful misconduct.
Staff representatives
composition and conditions of operation of the new common body (“instance commune”).
Staff representatives
composition and conditions of operation of the new unique staff representation (“délégation unique du personnel”).
Newsletter No. 86 - February 2016
Summary
Employment contract
consequence of a modification imposed by a collective bargaining agreement.
Privacy
treatment of emails from personal mailbox submitted before the court.
Trade unions
details on the trade unions’ standing in court.
Hygiene and Safety Committee
time bar of a claim to challenge an expertise.
Dismissal
sanction of the dismissal of a sick employee.
Staff representatives
details on the scope of the right of alert.
Disabled Workers
new modalities to fulfil the employment obligation.
Social contributions
collection settlement procedure.
Employers’ representatives
validity of the audience criterion to measure representativeness.