Log Book
Newsletter No.161 - May 2022
Summary
BREACH OF CONTRACT
Validation of the Macron scale in case of dismissal without real and serious cause.
WHISTLEBLOWER PROTECTED EMPLOYEE
Details of the procedure to follow in the event of dismissal.
PROFESSIONAL ELECTIONS
Challenging an employer’s unilateral decision that sets the terms of organization of the elections.
EMPLOYMENT CONTRACT
Limitation period for an action in recognition of an employment contract.
HEALTH AND SAFETY
Obligation to reinstate an employee declared unfit by the occupational doctor.
COLLECTIVE BARGAINING
When contractual stipulations and conventional provisions are both applicable, which ones are to prevail?
MUTUALLY AGREED TERMINATION
Payment of compensation to the deceased employee’s beneficiaries after approval.
Newsletter No.160 - April 2022
Summary
FREEDOM OF EXPRESSION
Sexist remarks trivializing violence against women.
SUBORDINATION RELATIONSHIP
Classification process in the context of a relationship between a driver and a platform.
REINSTATEMENT OF A PROTECTED EMPLOYEE
Tax consequences of the payment of compensation for suffered damage.
TRADE UNION
Verification of the representativeness of the trade unions that have signed a collective agreement.
PROFESSIONAL ELECTIONS
Pre-election dispute followed by electoral dispute.
DISCIPLINARY DISMISSAL
Occurrence of misconduct after the pre-dismissal meeting and new notification to attend before notification of the dismissal.
BDESE
List of environmental indicators.
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.