Log Book
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.
Newsletter No. 110 - February 2018
Summary
Dismissal for economic reasons
an employer may choose not to amend certain contracts to avoid a PSE.
PSE
the notion of group, used to assess the sufficiency of the PSE, is further defined.
PSE
the administrative control of the professional categories is further defined.
Works council’s budget
abandonment of the reference to account 641 for the computation of the operating grant and of the contribution for ASCs.
CDD
relaxation of case law regarding the repeated use of replacement CDDs.
Temporary work
the ETT may be held contractually liable in case of non-observance of the waiting periods.
Right to privacy
an employer may freely consult files not identified as being private.
Newsletter No. 109 - January 2018
Summary
Co-employment
a new illustration of the difficulty to establish its existence.
Special severance pay
details on the conditions of its allocation.
CDD (fixed term contract)
the requalifying of a CDD into a CDI (open-ended contract) gives the right to the compensation provided for as part of a PSE (employment safeguard scheme).
Collective bargaining
the organization conditions of a company referendum are fixed.
Social and economic committee (CSE)
its composition and its means are fixed by decree.
Redundancy for economic reason
a decree specifies the conditions of proposition of redeployment positions.
Best wishes 2018
Life at Galion
1|18|2018
Newsletter No. 108 - December 2017
Summary
Equal treatment
case law turnaround regarding the conventional transfer of an employment contract.
Dismissal
consequences of a failure of the postal service.
Equal treatment
justification of the differences between employees hired after an agreement and those hired prior to said agreement.
Inaptitude
sanction of the breach by the employer of his obligation of redeployment.
Termination by mutual consent
details on the starting point of the limitation period.
Dismissal
publication of the decree relating to the procedure to specify the reasons set out in the letter of dismissal.
Procedure
details on the contestations of the opinions of the occupational doctor and on the decision-making procedure before the conciliation and orientation board.
Reform of labor law
publication of the sixth order, known as “catchall”.
Newsletter No. 107 - November 2017
Summary
Individual freedoms
conditions to compensate the occupancy of the employee’s domicile for professional purposes.
Moral and sexual harassment
admissibility of the employer joining civil proceedings as an injured party.
Staff representatives
deadlines assigned to the works council (CE) and to the Health, Safety and Working Conditions Committee (CHSCT) to deliver their opinion.
Freedom of religion
validity of neutrality provisions in the internal rules.
Procedure
details on the territorial jurisdiction of the union defender.
Working hours
additional details on the agreement relating to the forfait-jours (i.e., fixed number of working days).
Training
distance learning arrangements.
Newsletter No. 106 - October 2017
Summary
Hygiene and safety
possibility for an employer to file a complaint against a doctor.
Termination of the employment contract
consequences of a dismissal during a procedure of judicial termination.
Individual freedoms
privacy and business travel.
Working time
conditions of validity of a forfait jours (i.e., a working time arrangement whereby working time is not counted in hours but is based on a fixed number of working days per year) resulting from a company agreement.
Termination of the employment contract
redundancy and incompetence.
Equal treatment
validity of the differences in treatment between distinct establishments belonging to the same company.
Health, Safety, and Working Conditions Committee (CHSCT)
validation of the timeframe to appeal against the expert assessment.
Newsletter No. 105 - September 2017
Summary
Working hours
details on the notion of executive officer.
Employment contract
legal status of the offer of employment.
Employment contract
right to employment and temporary assignment.
Fundamental freedoms
employees’ emails monitoring conditions.
Dismissal
reassessment of the severance pay.
Labor
publication of the law empowering the government to reform labor law and of the five orders reforming labor law.