Log Book
Newsletter No 79 - July 2015
Summary
Employment contract
An exception to the use of the French language in labour relations.
Mutually agreed termination of employment contract
Consequences of a termination payment below the legal minimum and failure to abide by statutory periods.
Working time
Invalidity of day-per-year all inclusive agreements based on the Hotel/Cafe/Restaurant (HCR) collective bargaining agreement.
Maternity
Impact of sick leave on the protection period.
Staff representatives
Scope of eligibility for union representative appointments to the Works Council.
Termination of employment contract
Clarification as to the persons qualified to sign a dismissal letter.
Harassment
Behaviour of the occupational doctor does not constitute harassment on the part of the employer.
Sale of business
Article 20 of the Act dated 31 July 2014 on the third-sector economy has been abrogated with immediate effect.
Newsletter No. 78 - June 2015
Summary
Termination of employment contract
amount of severance pay owed in the event of mutually agreed termination of a journalist’s employment contract.
Discrimination
professional evaluation of an employee may reveal the existence of anti-union discrimination.
Health and safety
compensation related to second-hand smoke.
Harassment
employee sanctions for false accusations.
Termination of employment contract
impact of a disagreement concerning the non-compete clause on the validity of the mutually agreed termination of contract.
Termination of employment contract
elements justifying the termination of the employment contract due to the employer's behaviour.
Working time
illegal day-per-year all inclusive agreements and undeclared work.
Professional elections
implementation of the reform on employer representation.
Privacy
simplified geolocation standard.
Social Security declarations
streamlined measures for employers.
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.