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.
The employer may announce a dismissal orally only if the notification letter has already been sent.
DAYS WORKED CONTRACT (FORFAIT-JOURS)
Hours worked on Sunday are not extra hours.
The CSE (social and economic committee) may not invoke, as it is inadmissible, the illegality of a clause of a mandatory profit-sharing agreement that it signed itself.
Publication of the implementation decree relating to the protection of whistle-blowers.
The bill on the labor market, adopted by the National Assembly on 6 October 2022, establishes a presumption of resignation in the event of a deliberate unauthorized absence.
Ad hoc consultation on a reorganization project is not subject to prior compliance by the employer with the obligation to consult the CSE on the company’s strategic guidelines.
An agenda may be modified at the beginning of a meeting unanimously by the present members.
Holding a degree does not always make it possible to legitimize unequal treatment between employees occupying the same position.
A trade union may claim the suspension of the internal regulations for failure to consult the social and economic committee.
The current rules of the unemployment insurance scheme and of the bonus-malus would be extended.
Need to update the internal rules to include a reminder of the existence of the whistle-blower protection system.
End of the exceptional regimes created to fight against the Covid-19 epidemic.
Employers must ensure the safe return of vulnerable employees.
UNFIT PROTECTED EMPLOYEE
Available interim positions must be offered in matters of redeployment.
Entry into force of the “purchasing power package” provided for by the government to fight against inflation.
Extension of the list of information to be transmitted to the employee upon recruitment.
Indication of the procedure for requesting details on the reasons for dismissal in the notification letter.
Conditions for using the derogatory system for taking days of rest set up in the context of the health crisis.
MORAL AND/OR SEXUAL HARASSMENT
Admissibility of a non-exhaustive internal investigation report as proof of acts of harassment.
Bearing by the employer of the travel expenses of employees who moved to the provinces during the health crisis.
Adoption in first reading of the bill on purchasing power.
JURISDICTION OF THE CSE OF AN ESTABLISHMENT (or CSEE)
Consultation of the CSEE to develop measures decided at the central level.
Assessment of the economic ground based on a significant drop in the company’s turnover or orders.
Value of the principle of equality in the exercise of the right to vote.
Starting point of the back pay action based on the conversion of a part-time employment contract into a full-time contract.
PRIOR MEDIATION CLAUSE
Referral to the labor court in the presence of a prior mediation clause.
Refusal of an employer to pay the hours of delegation of a staff representative.
TEMPORARY INCREASE IN ACTIVITY
Use of the assignment contract for temporary increase in activity.
Internal investigation carried out by the HRM as evidence.
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.
Challenging an employer’s unilateral decision that sets the terms of organization of the elections.
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.
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.
FREEDOM OF EXPRESSION
Sexist remarks trivializing violence against women.
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.
Verification of the representativeness of the trade unions that have signed a collective agreement.
Pre-election dispute followed by electoral dispute.
Occurrence of misconduct after the pre-dismissal meeting and new notification to attend before notification of the dismissal.
List of environmental indicators.