Log Book
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.
Newsletter No. 85 - January 2016
Summary
Termination of employment contract
details concerning approval of the mutually agreed termination.
Hygiene and security
criminal liability of the employer failing any hiring medical examination.
Staff representatives
sanction of a misconduct during the term of office.
Voluntary departures scheme
consequences of an unjustified refusal of application.
Private life
an employer can monitor his employees’ Internet communications.
Secondment
reinforcement of the obligations of the client and the contractor.
Small and medium-size companies
creation of a hiring incentive.
Additional social coverage
details on the mandatory additional health insurance.
Newsletter No. 84 - December 2015
Summary
Mandatory medical check-ups
difficulties with occupational medicine are not an acceptable justification for employers’ own failures.
Discipline
photocopying one’s payslips may be deemed to be a breach of property rights.
Co-employment
no co-employment if there is not commingling of interests, activities and management.
Staff representatives
a notice to attend sent out electronically to the members of the Company Health and Safety Committee is valid.
Secondment
suspension of international provision of services in the event of fraud.
Social security decision
a simplified and extended procedure.
Redeployment abroad
simplified procedure for companies.
Newsletter No. 83 - November 2015
Summary
Health and safety
absolute contractual obligation to provide a safe work environment and prevention measures.
Termination of employment contract
dispute concerning mobility leave.
Discipline
definition of wilful misconduct (“faute lourde”).
Discipline
clarification of the non bis in idem principle.
Staff representatives
scope of the works council’s entitlement to act.
Working time
restrictions on the use of hours-per-week all-inclusive agreements.
Staff representatives
scope of the Health, Safety and Working Conditions Committee’s entitlement to act.
Optional defined benefits pension scheme
suppression of the additional employer contribution.
Newsletter No. 82 - October 2015
Summary
Redundancy
consequences of refusing to pay for an expert requested by elected representatives.
Physically unfit
clarification of employee compensation.
Protected employees
renewal of a term of office outside the company and protection against termination of the employment contract.
Termination of employment contract
consequences of the ambiguous nature of a voluntary retirement.
Protected employees
clarification of material jurisdiction for recognition of co-employment.
Staff representatives
consequences of non-payment of time devoted to union responsibilities.
Redundancy
exception to the usual scope of order criteria.
Illegal labour
publication of the ‘blacklist’ of companies convicted for illegal labour.
Vocational training
limitation of the use of interns.
Newsletter No. 81 - September 2015
Summary
Employment contracts
notice of termination of a trial period must be paid.
Mutually agreed termination
further details provided by the French Supreme Court.
Equal pay
scope of appraisal of equal pay.
Employee representatives
limits on freedom of expression during meetings.
Working time
compensation of the travel time of "itinerant" employees.
Vocational training
electronic filing of professional training contracts.
Working on Sundays
criteria for the demarcation of geographical areas where Sunday does not have to be observed as a day of rest.
Profit sharing
further details on the calculation of the special profit-sharing reserve.
Newsletter No 80 – August 2015
Summary
Psychological harassment
termination requested by the employee is valid in the absence of any measures taken by the employer.
Collective dispute
strike is unlawful if the employer is not informed of the grievances.
Trial period
any agreement by the employee to renew a trial period must be explicit.
Probationary period
Poor performance cannot be established during the adjustment period.
“Macron” Act
major changes in social legislation.
“Rebsamen” Act
major impacts on labour relations.
Umbrella work system
unemployment benefits for umbrella company employees