clarification on the starting point of the conversion action in case of a compulsory indication missing in the contract.
limit to the conversion of a CDD into a CDI in the absence of a compulsory indication in the contract.
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.
the filing is now dematerialized.
Electronic registered letter
publication of the decree.
Works council (CE)
no employer funding for the expert appointed before the presentation of the accounts.
conditions of the conversion into a full-time contract.
a mobility clause over the whole French territory is precise enough.
Collective mutually agreed termination (RCC)
publication of Q&A.
Economic and social committee (CSE)
publication of Q&A.
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.
details on the conditions of disclosure.
Staff representative bodies (IRP)
details on the conditions of organization of the professional elections in very small companies.
the expiry of the protective status does not exclude nullity of the dismissal.
non-observance of the prior notice is without effect on the renunciation period.
during the notice period exemption, an employee remains an eligible elector.
Dismissal for economic reasons
an employer may choose not to amend certain contracts to avoid a PSE.
the notion of group, used to assess the sufficiency of the PSE, is further defined.
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.
relaxation of case law regarding the repeated use of replacement CDDs.
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.
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).
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.
case law turnaround regarding the conventional transfer of an employment contract.
consequences of a failure of the postal service.
justification of the differences between employees hired after an agreement and those hired prior to said agreement.
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.
publication of the decree relating to the procedure to specify the reasons set out in the letter of dismissal.
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”.
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.
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.
details on the territorial jurisdiction of the union defender.
additional details on the agreement relating to the forfait-jours (i.e., fixed number of working days).
distance learning arrangements.