Log Book
Newsletter 69 - September 2014
Summary
Retirement
Burden of proof for compulsory retirement.
Working time
Classification of time spent travelling for business.
Night work
The exceptional nature of the use of night work is reasserted.
Social protection
Determination of mandatory coverage with regard to complementary health insurance for employees.
Procedures
New method of calculating the statutory interest rate.
"Generation contracts"
Increased aid for use of this type of contract.
Training
New methods for providing information to and consulting with the works council.
Newsletter 68 - August 2014
Summary
Internal regulations
Complying with alcohol testing provisions.
Redundancy for economic reasons of a protected employee
Labour inspectors cannot base their decisions on the employee's wish to leave the company.
Social and cultural activities
Clarification regarding these activities.
Professional elections
A third party drafting the minutes constitutes grounds for invaliding the elections.
Training
Publication of the law governing traineeships.
Social dumping
Increased monitoring.
Sale of businesses
New obligations to provide information to employees.
Gender equality
Expanding social measures.
Discriminatory dismissal
The Constitutional Council overrules the planned sanctions.
Newsletter No. 67 - July 2014
Summary
Co-employment
Restriction of the scope of the concept.
Professional categories
About the concept of executive officer ("cadre dirigeant").
Employment contracts
Conditions governing the validity of a mobility clause.
Redundancy for economic reasons
Revocation of approval of a job-saving scheme ("social plan") by the labour administration.
Labour court disputes
Impact of a party's capacity as union-appointed counsel in the court where a case is tried.
Unemployment
Details on the conditions governing the entry into force of the new unemployment insurance agreement.
Simplification and adaptation of labour law
Simplification of display requirements.
Termination of employment contact
New labour court procedure in the event of a termination of employment contract requested by an employee due to the employer's behaviour.
Newsletter No 66 - June 2014
Summary
Termination of the employment contract
Minor pay cuts are not sufficient grounds for court-ordered termination of the employment contract.
Benefits in kind
Benefits granted to former employees may be discontinued.
Training
Importance of the employer's obligation to provide training.
Civil liberties
Wearing an Islamic headscarf may be used as grounds for dismissal.
CDD (fixed-term employment contracts)
Validity of provisions excluding certain employees from receiving the end-of-contract indemnity for job insecurity (prime de précarité).
Unemployment
Entry into force of the unemployment insurance agreement.
Trial period
New provisions for termination of the trial period.
Newsletter n°65 - May 2014
Summary
Working hours
transfer of the employment contract and the fixed number of days to be worked each year [forfait-jours].
Illness
assessment of the concept of company disorganisation to dismiss an absent employee.
Working hours
nullity of the fixed number of days to be worked each year [forfait-jours] by chartered accountants and statutory auditors.
Termination of the contract of employment
consequences of a resignation during an action for judicial termination
Maternity
starting point of the four weeks of protection.
CHSCT [Occupational Health and Safety Committee]
assessment of the concept of serious risk to make use of the services of an expert.
Working hours
entry into force of the law permitting the donating of rest days to a parent of a seriously ill child.
Works council
clarifications on the regulation applicable to gift vouchers.
Newsletter n°64 - April 2014
Summary
Works council
accountants may ask to see documents relating to other group companies.
Occupational health
conditions of compensation for rejudice of anxiety relating to exposure to asbestos.
Protected employees
starting point of the protection period for employees requesting staff representative elections.
Benefits in kind
company car and sick leave.
Termination of the employment contract
facts justifying termination of the employment contract due to the employer's behaviour.
Site takeover
entry into force of the “Florange” Act.
Portage salarial (system of umbrella companies)
repeal of the provisions of article L. 1251-64 of the French Labour Code as of 1 January 2015.
Newsletter n°63 - March 2014
Summary
Employee representatives
impact of illness on the exercise of the mandate.
Protected-status employee
indemnification in case of termination of the employment contract due to the employer’s behaviour.
Redundancy
scope of exercise of the preferential right to re-hiring
Unfair competition
the preparation of a future competing activity in the course of the employment contract is possible.
Incapacity
further details on redeployment positions.
Mutually agreed termination
negotiating a settlement is possible.
Training and employee representation
coming into force of the law on vocational raining, employment and social democracy
Health and environment
creation of a new alert right.