Log Book
Newsletter No. 77 – May 2015
Summary
Staff representatives
Consequences of a cancellation of election of the Works Council members on the mandate of the CHSCT members
Discipline
A request for a written explanation may constitute a disciplinary sanction
Loyalty
Effects of the non-competition clause on a work released notice period
Employment contract
A commercial relationship redefined as an employment contract
Physical inabilty
Clarification about the contents of the reclassification obligation
Data protection
Employers may not implement a system designed to identify child pornography violations
Newsletter No. 76 - April 2015
Summary
External mandate
failure to inform employers of external mandates does not constitute fraud, and in the event of a business transfer, the transferee must be informed of external mandates.
Wearing of headscarves
the CJEU asked to rule on an issue affecting private companies.
Staff representatives
violence committed by an employee in the performance of their mandate may be sanctioned.
Mutually agreed termination
no settlement regarding the very principle of the termination.
Portage salarial (system of umbrella companies)
definition of rules applicable by order.
Works Councils
new rules for accounting transparency.
Transnational secondment
stricter obligations for companies.
Newsletter No. 75 - March 2015
Summary
Termination of employment contract
validity of a mutually agreed termination of contract after a dismissal.
Harassment and termination requested by an employee
termination of employment contract requested by an employee due to the employer’s behaviour can be justified even if the harassment has ceased.
Non-competition clause
waiver during the performance of the contract must be expressly stipulated.
Redundancy
adherence to the “contract for the security of professional employment” (CSP) does not preclude the right to contest a dismissal.
“Generation contract”
extension to include the open-ended apprenticeship contracts and simplification of procedures.
Working hours
securing of the day-per-year all inclusive agreement for firms of chartered accountants and statutory auditors.
Newsletter No. 74 - February 2015
Summary
Working time
invalidity of days‑per‑year all inclusive agreements on the basis of the French national collective bargaining agreement for retailers and wholesalers of mainly food products.
New technologies
employer’s right of access to text messages sent on a business mobile phone.
Internal rules
The committee on hygiene, safety and working conditions needs to be consulted for any change regarding matters within its remit.
Severance pay
inclusion of bonus in the assessment base.
Psychological harassment
validity of a dismissal for serious misconduct following false accusations of psychological harassment.
Part-time work
certain employment agreements are exempted from the minimum 24-hour workweek.
Newsletter No. 73 - January 2015
Summary
Collective bargaining agreements
category-based benefits are deemed to be valid.
Internal rules
obligation to set the maximum period for disciplinary employee suspensions.
Non-compete clause
period during which the clause can be waived for cases in which notice period is not required to be carried out.
Employee assessment
validity of a self-assessment system for employees.
Work resumption examinations
employer’s prior notification of a work resumption examination initiated by the employee.
Unemployment insurance
expatriate employees must be registered with the French unemployment insurance scheme.
Employment during retirement
no new pension rights
Newsletter No. 72 - December 2014
Summary
Trial period
disciplinary dismissal on grounds of misconduct during the trial period.
Working time
validity of working time counted in days agreed on the basis of the French national collective bargaining agreement for Banks.
Mutually agreed termination
consequences of a payment below the legal minimum.
Umbrella facilities (portage salarial)
more flexible accommodation of jobseekers.
“Business life Simplification Act”
defined-purpose fixed-term contracts and various provisions.
Work placements
Increase in trainee allowance.
Redundancy
lower unemployment allowance.
Newsletter No. 71 - November 2014
Summary
Civil Liberties
lawfulness of evidence based on monitoring of an employee.
Working time
invalidation of agreements covering a fixed number of working days entered into on the basis of the national collective bargaining agreement for Notaries.
Protected employment
effects of reinstatement following a dismissal that was held to be invalid.
Temporary work
restrictive interpretation of the concept of temporary increase in activity.
Employee representatives
penalty for employer’s misuse of confidential information presented to elected representatives.
Equal treatment
assessment of the principle of “equal work, equal pay” at the time of hiring.
Psychological harassment
compensation for damage resulting from a lack of prevention.
Newsletter No. 70 - October 2014
Summary
Psychological harassment
Psychological harassment is not an automatic ground for dismissal for serious misconduct.
Termination of an employment contract
Validity of a mutually agreed termination after a work injury.
Data protection
Conditions governing the admissibility of evidence produced by an automated processing system.
Dismissal for misconduct
Wrongful conduct during a leisure trip organised by an employer.
Employment contract
Information on the rules governing non-disclosure clauses.
Vocational training
Clarification of the use and financing of personal training accounts.
Sale of a business
Procedure for informing employees in trading companies with less than 250 employees.