Log Book
Newsletter No. 151 - July 2021
Summary
TERMINATION OF AN EMPLOYMENT CONTRACT
Mission of the judge regarding a request for judicial termination.
FUNDAMENTAL FREEDOMS
Freedom of religion and dismissal.
WORKING TIME
Modification of working hours and employment contract.
EMPLOYMENT CONTRACT
Assessment of the validity of the duration of a trial period.
TEMPORARY EMPLOYMENT
Starting point of the limitation period for an action aiming at converting an assignment contract.
REMUNERATION
Social security scheme applying to the gain following the exercise of a stock purchase option.
FUNDAMENTAL FREEDOMS
Application of the principle of neutrality within companies.
REMUNERATION
Amending finance law 2021.
Newsletter No. 150 - June 2021
Summary
PRIVATE LIFE
Video surveillance system.
DISCIPLINE
Request for disciplinary action during a professional interview.
SOCIAL AND ECONOMIC COMMITTEE (CSE)
Determination of the number of distinct establishments.
DISCIPLINE
Starting point of the period for adopting a new sanction.
SETTLEMENT AGREEMENT
Validity of a settlement agreement concluded after a mutually agreed termination.
UNFITNESS
The starting point of the fifteen-day period for contesting the opinion of unfitness.
COVID-19
Fight against Covid-19.
COVID-19
Professional interview.
Newsletter No. 149 - May 2021
Summary
DISCIPLINE
Conditions for invoking a code of ethics.
PROFESSIONAL ELECTIONS
Clarification relating to electoral litigation.
EMPLOYMENT CONTRACT TERMINATION
Reminder regarding the amount of compensation paid as part of a mutually agreed termination.
UNFITNESS
Clarification relating to the resumption of salary payments.
EQUAL TREATMENT
Applicability of the principle in connection with a settlement agreement.
STAFF REPRESENTATIVES
Annulment of the texts relating to the adjustment of consultation periods during the pandemic.
COVID-19
Procedure for recognizing the Coronavirus as occupational disease.
PATERNITY LEAVE
Extension of and obligation to take part of the leave.
Newsletter No. 148 - April 2021
Summary
TELEWORKING
Clarification relating to the remuneration of a teleworking employee.
DISCRIMINATION
Absence of a neutrality clause in the internal rules.
VARIABLE REMUNERATION
Modification of the objectives.
COVID 19
Days of rest imposed by an employer.
SOCIAL AND ECONOMIC COMMITTEE[2]
The CSE has no legal representative.
Newsletter No. 147 - March 2021
Summary
TELEWORKING
Clarification relating to the remuneration of a teleworking employee.
STAFF REPRESENTATIVES
Time-off rights and activity exemption.
STAFF REPRESENTATIVES
Clarification concerning litigation relating to the perimeter of distinct establishments.
WORKING TIME
Position of the CJEU concerning on-call duty.
HARASSMENT
Admissibility of an internal investigation report.
UNFITNESS
Impact of a modification of an employment contract on the occupational doctor’s opinion of unfitness.
Newsletter No. 146 - February 2021
Summary
OCCUPATIONAL ACCIDENTS
An employee’s depression following an altercation he has himself caused is an occupational accident.
NULL AND VOID DISMISSAL
Reinstatement of an employee having found a new position.
NULL AND VOID DISMISSAL
No reinstatement in case of a request for judicial termination and for nullity of a dismissal in a same instance.
PERSONNEL REPRESENTATIVES
Conditions justifying a request for an expert’s assessment for serious risk.
PARTIAL ACTIVITY
Extension of the partial activity measures and adjustment of the ratio variation.
Newsletter No. 145 - January 2021
Summary
MUTUALLY AGREED TERMINATION
Impact of the existence of a PSE[1] on the validity of a mutually agreed termination.
WORKING TIME
Details relating to the consequences of a flat-rate pay agreement deprived of any effect.
STAFF REPRESENTATIVES
Details as to the use of electronic voting.
COLLECTIVE AGREEMENT
Impact of the adaptation of the effects of the annulment of a clause on litigation which has already started.
EMPLOYMENT CONTRACT TERMINATION
Powers of the judge regarding settlement.
WORKING TIME
Clarification relating to the proof of extra hours.
COVID-19
Exemption measures applicable to occupational medicine.