Log Book
Newsletter No. 176 - August 2023
Summary
PAID LEAVE
A leave from work due to illness of non-occupational origin does not prevent the acquisition of paid leave.
PENSION REFORM
Clarifications relating to phased retirement, the pension resulting from the full combination of employment and retirement and the social regime for individual mutually agreed termination.
PAYROLLING
A payrolling contract can be converted into a permanent contract within 5 years of its end, even if the employee did not have a permanent job.
DELEGATION OF AUTHORITY
The new National Collective Bargaining Agreement for the metallurgy industry imposes a “preliminary reflection” before the implementation of a delegation of authority.
OCCUPATIONAL WEAR AND TEAR
Details on the application of article 17 of the LFRSS of 14 April 2023 on the prevention of occupational wear and tear.
PROFESSIONAL ELECTIONS
In companies with 11 to 20 employees, the employer must organize professional elections, even in the absence of a candidate.
Newsletter No.175 - July 2023
Summary
MOBILITY CLAUSE
Control of the interference with personal and family life when implementing a mobility clause.
CAREER DEVELOPMENT INTERVIEW
The career development interview and the evaluation interview may take place on the same day.
COLLECTIVE AGREEMENT
An employee may request the application of the collective agreement included in his employment contract.
CSE CHARTERED ACCOUNTANT
The CSE chartered accountant cannot interview employees without the employer’s agreement.
CSE MEETINGS
Only a member of the CSE may contest a modification of the agenda made outside the conventional and legal deadlines.
DISMISSAL
An employer must prove that the dismissal of an employee is not linked to his request for professional elections.
WHISTLE-BLOWING
New CNIL reference frame for the processing of personal data in the context of whistle-blowing systems.
Newsletter No.174 - June 2023
Summary
VARIABLE REMUNERATION
The annual objectives defined unilaterally by the employer are not implicitly renewable.
TRAVEL TIME
The travel times of an employee on a long journey do not automatically constitute working time.
TERMINATION OF EMPLOYMENT CONTRACT
The dismissal pronounced in lieu of a disciplinary sanction is not necessarily of a disciplinary nature.
PROTECTED EMPLOYEES
A judge can rule on the validity of sanctions adopted against a protected employee before his dismissal.
TELEWORK
An employee's accident occurring outside working hours is not an accident at work.
WORK ACCIDENTS
Obligation of the employer to inform the labor inspectorate within 12 hours of the accident.
Newsletter No. 173 - May 2023
Summary
MORAL HARASSMENT
Characterization of moral harassment by the employee who intends to report it.
MUTUALLY AGREED TERMINATION
The signing of a mutually agreed termination constitutes a waiver of the verbal dismissal previously pronounced.
TELEWORK
Possibility of instituting a difference in treatment in the allocation of meal vouchers.
GOLDEN HELLO
Possibility of conditioning the golden hello on a presence clause, under penalty of a reimbursement pro rata temporis.
DISMISSAL FOR A PRIVATE MATTER
The dismissal of an employee convicted of sexual assault that caused a lasting turmoil in the company is justified.
SUNDAY REST
The "JO 2024" law provides a derogation from the principle of Sunday rest, for the time of the Olympic Games.
Newsletter No. 172 - April 2023
Summary
UNFITNESS
Details on the extent of the redeployment obligation incumbent on the employer.
EXPERT’S ASSESSMENT ON THE REPORT RELATING TO PROFIT-SHARING
The financing of the cost of the expert’s assessment relating to the establishment of the report on profit-sharing in the company rests exclusively with the employer.
CSP ACCEPTANCE
Details on the deadline within which the employer must specify the reasons for the termination.
MULTI-REPLACEMENT CDD
Extension of the multi-replacement fixed-term contract experiment until 13 April 2025.
ABANDONMENT OF POSITION
Publication of the decree relating to the presumption of resignation in the event of abandonment of post.
Newsletter No. 171 - March 2023
Summary
ILLICIT EVIDENCE
Clarifications on the regime of evidence admissibility.
WORKING TIME
Business travel time and effective working time.
PROOF OF PAY INEQUALITY
A female employee is entitled to obtain from the employer communication of the pay slips of male colleagues.
CONVERSION OF A CDD (FIXED-TERM CONTRACT)
Clarifications on the indemnity consequences of a conversion of a CDD into a CDI (permanent contract).
Newsletter No. 170 - February 2023
Summary
ASBESTOS LITIGATION
Undermining dignity, a new ground for compensation of employees exposed to toxic substances.
WHISTLE-BLOWERS
Dismissal of a whistle-blower: details on the duty of the summary proceedings judge (juge des référés).
SOCIAL AND ECONOMIC COMMITTEE (CSE)
Employers' organizations and trade unions freely determine the separate establishments.
PREJUDICE OF ANXIETY
The employee of an external company can request compensation from the user company.
PROFESSIONAL UNFITNESS
An employee declared unfit cannot be dismissed for a reason other than unfitness.
Newsletter No. 169 - January 2023
Summary
SEXUAL HARASSMENT
Control of compliance with the obligation to prevent sexual harassment: duty of the appeal judge in the absence of the appearance of the employer.
DISCRIMINATION
The protection against discrimination extends to self-employed workers.
ECONOMIC REDUNDANCY
The information of the employee on the economic reason for the termination of the employment contract must occur before entering into the CSP.
STRIKE
Nullity of the dismissal of a striking employee: the employer must reimburse unemployment benefits.
HEALTH AND SAFETY
Expansion of the scope of compensation for victims of an occupational accident or of an occupational illness in the event of an inexcusable fault on the part of the employer.
RETIREMENT
Presentation of the pension reform project.
Newsletter No. 168 - December 2022
Summary
DISMISSAL FOR ECONOMIC REASONS
It is forbidden to waive the dismissal rules in advance.
UNFITNESS
An employee can validly be declared unfit even without a study of the position.
MOBILITY CLAUSE
The application of a mobility clause within a group constitutes a modification of the employment contract.
DIGITIZED SIGNATURE
The digitized signature of the employer on a CDD (fixed-term contract) is valid.
ELECTRONIC VOTING
The recommendations of the CNIL on the processing of personal data in the event of electronic voting during professional elections.
UNEMPLOYMENT
The right to unemployment benefits will be excluded in the event of refusal of a CDI at the end of a CDD or an interim contract.