Log Book
Newsletter No. 159 - March 2022
Summary
UNFITNESS
Starting point of the contestation period.
CSE (Social and economic committee)
Restriction of the use of experts’ assessments.
COLLECTIVE BARGAINING
Clarification on the level of negotiation of the employment safeguard scheme.
HEALTH AND SAFETY
Conditions of the prohibition of alcohol consumption in the workplace.
WORKING TIME
Annual remuneration based on the number of days worked (forfait-jours annuel) and employer's safety obligation.
COLLECTIVE BARGAINING
Possibility for the CSE to challenge a collective agreement.
EMPLOYMENT CONTRACT TERMINATION
Validity of a dismissal for professional incompetence pronounced after a refusal of downgrading.
PROFESSIONAL ALERT
Strengthening of the protection of whistleblowers.
HEALTH AT WORK
Publication of the decree relating to the new single document on risk assessment.
Newsletter No. 158 - February 2022
Summary
REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS)
Consequences on the RTTs[1] of the cancellation of the forfait-jours agreement.
WORKING TIME
Right to compensation in the event of the maximum working time being exceeded.
DISCIPLINARY LAW
Can an annual interview report containing reproaches constitute a disciplinary sanction?
EMPLOYMENT CONTRACT
Rest periods
CONTRACTUAL MINIMUM
Details on the taking into account of the thirteenth month in the assessment of the contractual minimum.
IMAGE RIGHTS
Details concerning the infringement of image rights.
Newsletter No. 157 - January 2022
Summary
CSE (Social and Economic Committee)
Possible consultation of the CSE about a plan to dismiss one of its members in companies with less than 50 employees.
MATERNITY
Details on the period of absolute protection against dismissal.
REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS)
Details on the consequences of non-performance of the conventional guarantees.
COMPANY AGREEMENT
Disputes regarding the validation by referendum of a minority agreement.
PROFESSIONAL INTERVIEWS
Publication of the decree on the sanctions related to the non-carrying out of summary professional interviews.
COVID-19
Telework.
COVID-19
Law relating to the vaccination pass and the administrative fine for dangerous situations.
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.