Log Book
Newsletter No. 156 - December 2021
Summary
NULLITY OF A DISMISSAL
Case law turnaround on the acquisition of paid leave during the eviction period.
Dismissal of a protected employee
Proof of wrongdoing: bailiff's report versus attestations.
ADDITIONAL UNION REPRESENTATIVE
What date should be taken into account in order to calculate the workforce?
PART-TIME WORK
Reminder concerning the distribution of working time in the employment contract.
PROFESSIONAL ELECTIONS
Clarification on the possibility of contesting a pre-election agreement.
MOBILITY PASS
Publication of the implementation decree.
MUTUALLY AGREED TERMINATION
Generalization of the teletransmission procedure.
INFLATION ALLOWANCE
Publication of the decree.
TELEWORK
Updated health protocol.
Newsletter No. 155 - November 2021
Summary
VIDEO SURVEILLANCE
Clarification of the mandatory prior formalities.
VARIABLE REMUNERATION
Impact of the failure to set objectives.
EMPLOYMENT CONTRACT TERMINATION
Clarification of the sanction in the case of unjustified dismissal during a sick leave.
UNFITNESS
Consequences of an unfit employee being kept in a prolonged inactivity.
EMPLOYMENT CONTRACT TERMINATION
Clarification of the circumstances surrounding contractual termination.
PROFESSIONAL ELECTIONS
The exclusion of certain employees from the electorate is unconstitutional.
COVID-19
Extension of the mechanism of the derogatory leaves from work.
PARENTAL PRESENCE
Relaxation of the conditions for a leave renewal.
Newsletter No. 154 - October 2021
Summary
VIDEO SURVEILLANCE
Legality of the evidence.
DISCIPLINE
Clarification about the procedure applicable in the event of a warning.
TELEWORKING
Compensation provided for by a collective agreement.
BONUS ON OBJECTIVES
Condition of presence.
PAID LEAVE
Employer’s diligence.
REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT JOURS)
Conditions of validity of the collective agreement establishing it.
Newsletter No.153 - September 2021
Summary
PROCEDURE
Appointment of union defenders.
BUSINESS EXPENSES
Clarification regarding the conventional long-distance travel allowance.
PROFESSIONAL ELECTIONS
New priority question of constitutionality (QPC) relating to the representation of senior executives.
STAFF REPRESENTATIVES
Trade unions in companies with less than 50 employees.
WORKING TIME
Part-time work and monthly count.
EMPLOYMENT CONTRACT
Clarification relating to the early termination of a fixed-term contract (CDD).
OCCUPATIONAL HEALTH
Reinforcing prevention in occupational health.
COVID-19
Adjustment of emergency measures regarding partial activity.
Newsletter No. 152 - August 2021
Summary
CSE[1]
New responsibilities of the CSE in terms of ecological transition.
SEXUAL HARASSMENT
Updating the definition.
HEALTH CRISIS
Law relating to the health crisis management.
HEALTH CRISIS
Details from the ministry of labor concerning the obligation to be vaccinated or to have a health pass in the workplace.
COVID-19
Work-related interviews.
Newsletter No. 151 - July 2021
Summary
TERMINATION OF AN EMPLOYMENT CONTRACT
Mission of the judge regarding a request for judicial termination.
FUNDAMENTAL FREEDOMS
Freedom of religion and dismissal.
WORKING TIME
Modification of working hours and employment contract.
EMPLOYMENT CONTRACT
Assessment of the validity of the duration of a trial period.
TEMPORARY EMPLOYMENT
Starting point of the limitation period for an action aiming at converting an assignment contract.
REMUNERATION
Social security scheme applying to the gain following the exercise of a stock purchase option.
FUNDAMENTAL FREEDOMS
Application of the principle of neutrality within companies.
REMUNERATION
Amending finance law 2021.
Newsletter No. 150 - June 2021
Summary
PRIVATE LIFE
Video surveillance system.
DISCIPLINE
Request for disciplinary action during a professional interview.
SOCIAL AND ECONOMIC COMMITTEE (CSE)
Determination of the number of distinct establishments.
DISCIPLINE
Starting point of the period for adopting a new sanction.
SETTLEMENT AGREEMENT
Validity of a settlement agreement concluded after a mutually agreed termination.
UNFITNESS
The starting point of the fifteen-day period for contesting the opinion of unfitness.
COVID-19
Fight against Covid-19.
COVID-19
Professional interview.
Newsletter No. 149 - May 2021
Summary
DISCIPLINE
Conditions for invoking a code of ethics.
PROFESSIONAL ELECTIONS
Clarification relating to electoral litigation.
EMPLOYMENT CONTRACT TERMINATION
Reminder regarding the amount of compensation paid as part of a mutually agreed termination.
UNFITNESS
Clarification relating to the resumption of salary payments.
EQUAL TREATMENT
Applicability of the principle in connection with a settlement agreement.
STAFF REPRESENTATIVES
Annulment of the texts relating to the adjustment of consultation periods during the pandemic.
COVID-19
Procedure for recognizing the Coronavirus as occupational disease.
PATERNITY LEAVE
Extension of and obligation to take part of the leave.