Log Book
Newsletter No. 118 - October 2018
Summary
Schedule of labor courts compensation
conformity to article 10 of convention No. 158 of the International Labor Organization.
Settlement
nullity of a settlement concluded in the absence of a prior notification of the dismissal by registered letter with acknowledgement of receipt.
Economic redundancy
the non-setting up of a staff representative structure causes harm to the employees.
Professional elections
application of the principle of the personal exercise of the right to vote in case of electronic voting.
Collective mutually agreed termination
first decision given by the administrative court on the measures introduced by the order No. 2017-1387 of 22 September 2017.
Non-compete clause
independence of the mobility clause and the non-compete clause.
Health and safety
conditions of giving effect to the employer’s liability based on his or her safety performance obligation.
Social security
: vote of the social security financing bill for 2019 by the National Assembly, at first reading, on 30 October 2018.
Social policy
vote of the PACTE bill by the National Assembly, at first reading, on 9 October 2018.
Newsletter No. 117 - September 2018
Summary
Private life
consequences of words used on social networks.
Settlement agreement compensation
assessment by the administrative judge of the tax exemption.
Economic redundancy
the absence of training does not deprive a dismissal of a cause but creates a distinct loss.
Non-compete clause
fate upon intra-group mobility.
Company car
carpooling may justify a dismissal.
Intercompany health services
clarifications on the calculation method of the contribution.
Individual freedoms
sanctioning of biometric checks conducted without prior authorization.
Training
promulgation of the “Professional future” law.
Social security litigation
clarifications on the location and jurisdiction of the courts of first instance and of the courts of appeal.
Newsletter No. 116 - August 2018
Summary
Right to make mistakes
publication of the law for a State at the service of a trustful society.
Unfair competition
transposition of the European directive on trade secrets.
Executives
new employee benefit scheme.
Information technology and individual freedoms
publication of the decree completing the law relating to the protection of personal data.
Harassment
law reinforcing the fight against sexual and sexist violence.
Immigration
the law for a managed immigration, an effective right of asylum and successful integration.
Professional training
adoption of the law for the freedom to choose one’s professional future.
Newsletter No. 115 - July 2018
Summary
Working hours
on-call duty and hotline.
Termination of the employment contract
nature of the ground based on the refusal of a modification of the contract.
Protected employee
jurisdiction in case of the authorization of dismissal being cancelled.
CHSCT
clarifications on the conditions to obtain an expert’s assessment.
Procedure
conditions of admissibility of anonymous testimonies.
Temporary posting
new European directive.
Employment contract
new agreements relating to the CDD and to the works contract in the Metal industry.
Dismissal
method for calculating the compensation in case of a part-time parental leave.
Newsletter No. 114 - June 2018
Summary
Occupational medicine
the doctor’s liability may be triggered.
Implementation of the IRPs
consequences of the cancellation of a collective agreement.
Mutually agreed termination
details in case of a refusal of approval.
Itinerant employees:
characterization of the domicile to client travelling time.
Employee savings
employees posted in a branch abroad may not be excluded from the benefit of the agreement.
Liability of the parent company whose fault led to the collapse of the subsidiary
jurisdiction of the TGI.
Data protection
the law has been published.
Newsletter No. 113 - May 2018
Summary
Prescription
clarification on the starting point of the conversion action in case of a compulsory indication missing in the contract.
CDD
limit to the conversion of a CDD into a CDI in the absence of a compulsory indication in the contract.
Occupational accident
exclusive jurisdiction of the labor court to rule on the merits of a dismissal for inaptitude.
Clause of no patent application
the regime of the non-compete clause does not apply.
Duty of loyalty
it remains in case of suspension of the contract.
Social security litigation
modifications by decree.
Company agreements
the filing is now dematerialized.
Electronic registered letter
publication of the decree.
Newsletter No. 112 - April 2018
Summary
Works council (CE)
no employer funding for the expert appointed before the presentation of the accounts.
Part-time
conditions of the conversion into a full-time contract.
Mobility clause
a mobility clause over the whole French territory is precise enough.
Macron orders
ratification law.
Collective mutually agreed termination (RCC)
publication of Q&A.
Economic and social committee (CSE)
publication of Q&A.
Newsletter No. 111 - March 2018
Summary
Dismissal
no compensation in lieu of notice for an employee dismissed following a driver’s license suspension.
Mutually agreed termination
details on the conditions of validity.
Account settlement
details on the conditions of disclosure.
Staff representative bodies (IRP)
details on the conditions of organization of the professional elections in very small companies.
Protected employees
the expiry of the protective status does not exclude nullity of the dismissal.
Non-compete clause
non-observance of the prior notice is without effect on the renunciation period.
Professional elections
during the notice period exemption, an employee remains an eligible elector.