A leave from work due to illness of non-occupational origin does not prevent the acquisition of paid leave.
Clarifications relating to phased retirement, the pension resulting from the full combination of employment and retirement and the social regime for individual mutually agreed termination.
A payrolling contract can be converted into a permanent contract within 5 years of its end, even if the employee did not have a permanent job.
DELEGATION OF AUTHORITY
The new National Collective Bargaining Agreement for the metallurgy industry imposes a “preliminary reflection” before the implementation of a delegation of authority.
OCCUPATIONAL WEAR AND TEAR
Details on the application of article 17 of the LFRSS of 14 April 2023 on the prevention of occupational wear and tear.
In companies with 11 to 20 employees, the employer must organize professional elections, even in the absence of a candidate.
Control of the interference with personal and family life when implementing a mobility clause.
CAREER DEVELOPMENT INTERVIEW
The career development interview and the evaluation interview may take place on the same day.
An employee may request the application of the collective agreement included in his employment contract.
CSE CHARTERED ACCOUNTANT
The CSE chartered accountant cannot interview employees without the employer’s agreement.
Only a member of the CSE may contest a modification of the agenda made outside the conventional and legal deadlines.
An employer must prove that the dismissal of an employee is not linked to his request for professional elections.
New CNIL reference frame for the processing of personal data in the context of whistle-blowing systems.
The annual objectives defined unilaterally by the employer are not implicitly renewable.
The travel times of an employee on a long journey do not automatically constitute working time.
TERMINATION OF EMPLOYMENT CONTRACT
The dismissal pronounced in lieu of a disciplinary sanction is not necessarily of a disciplinary nature.
A judge can rule on the validity of sanctions adopted against a protected employee before his dismissal.
An employee’s accident occurring outside working hours is not an accident at work.
Obligation of the employer to inform the labor inspectorate within 12 hours of the accident.
Characterization of moral harassment by the employee who intends to report it.
MUTUALLY AGREED TERMINATION
The signing of a mutually agreed termination constitutes a waiver of the verbal dismissal previously pronounced.
Possibility of instituting a difference in treatment in the allocation of meal vouchers.
Possibility of conditioning the golden hello on a presence clause, under penalty of a reimbursement pro rata temporis.
DISMISSAL FOR A PRIVATE MATTER
The dismissal of an employee convicted of sexual assault that caused a lasting turmoil in the company is justified.
The “JO 2024” law provides a derogation from the principle of Sunday rest, for the time of the Olympic Games.
Details on the extent of the redeployment obligation incumbent on the employer.
EXPERT’S ASSESSMENT ON THE REPORT RELATING TO PROFIT-SHARING
The financing of the cost of the expert’s assessment relating to the establishment of the report on profit-sharing in the company rests exclusively with the employer.
Details on the deadline within which the employer must specify the reasons for the termination.
Extension of the multi-replacement fixed-term contract experiment until 13 April 2025.
ABANDONMENT OF POSITION
Publication of the decree relating to the presumption of resignation in the event of abandonment of post.
Clarifications on the regime of evidence admissibility.
Business travel time and effective working time.
PROOF OF PAY INEQUALITY
A female employee is entitled to obtain from the employer communication of the pay slips of male colleagues.
CONVERSION OF A CDD (FIXED-TERM CONTRACT)
Clarifications on the indemnity consequences of a conversion of a CDD into a CDI (permanent contract).
Undermining dignity, a new ground for compensation of employees exposed to toxic substances.
Dismissal of a whistle-blower: details on the duty of the summary proceedings judge (juge des référés).
SOCIAL AND ECONOMIC COMMITTEE (CSE)
Employers’ organizations and trade unions freely determine the separate establishments.
PREJUDICE OF ANXIETY
The employee of an external company can request compensation from the user company.
An employee declared unfit cannot be dismissed for a reason other than unfitness.
Control of compliance with the obligation to prevent sexual harassment: duty of the appeal judge in the absence of the appearance of the employer.
The protection against discrimination extends to self-employed workers.
The information of the employee on the economic reason for the termination of the employment contract must occur before entering into the CSP.
Nullity of the dismissal of a striking employee: the employer must reimburse unemployment benefits.
HEALTH AND SAFETY
Expansion of the scope of compensation for victims of an occupational accident or of an occupational illness in the event of an inexcusable fault on the part of the employer.
Presentation of the pension reform project.
DISMISSAL FOR ECONOMIC REASONS
It is forbidden to waive the dismissal rules in advance.
An employee can validly be declared unfit even without a study of the position.
The application of a mobility clause within a group constitutes a modification of the employment contract.
The digitized signature of the employer on a CDD (fixed-term contract) is valid.
The recommendations of the CNIL on the processing of personal data in the event of electronic voting during professional elections.
The right to unemployment benefits will be excluded in the event of refusal of a CDI at the end of a CDD or an interim contract.
The travel time of itinerant employees may constitute effective working time.
UNFITNESS FOR WORK
No consultation of the CSE in the event of an exemption from seeking redeployment.
The rule of proportioned representation of women and men applies to by-elections.
An airline cannot forbid a flight attendant from wearing braids.
Evidence from the employee’s personal electronic diary is not necessarily inadmissible.
The presumption of resignation is definitively adopted.
Companies must register for the AT/MP account before 12 December 2022.