CategoryNewsletters
Newsletter No. 134 – February 2020
Summary
PSYCHOLOGICAL HARASSMENT
Reminder of the steps necessary to prove psychological harassment.
RELIGIOUS FREEDOM
Wearing a beard and expressing religious convictions.
DISMISSAL AND OCCUPATIONAL HEALTH
Discriminatory nature of a dismissal decided after reported burn-out.
EMPLOYMENT CONTRACT
Limitation period applying to the action to convert a CDD (i.e., a fixed-term contract) into a CDI (i.e., permanent contract).
EMPLOYMENT CONTRACT
Clarifications on the application of the flat-rate tax on customary fixed-term contracts.
WORK-RELATED INTERVIEW
Clarifications from the Ministry of Employment.
PROFESSIONAL EQUALITY
Publication of the gender equality index.
Newsletter No. 133 – January
Summary
EMPLOYMENT CONTRACT
Reminder regarding the use of a CDD (i.e. a fixed-term contract) of replacement.
EMPLOYMENT CONTRACT TERMINATION
Clarification relating to the dating of facts justifying the acknowledging of a termination.
DISMISSAL
Disrespectful remarks andfreedom of expression.
STAFF REPRESENTATION
Consequences of the failure to organize professional elections.
STAFF THRESHOLDS
Implementation of the reform carried out by the PACTE law.
OCCUPATIONAL HEALTH
Conditions applying to the electronic notification of the CARSAT’s decisions[1].
EMPLOYMENT CONTRACT
Introduction of a tax on customary fixed-term contracts.
Newsletter No. 132 – December 2019
Summary
Psychological harassment
employer’s duty of prevention.
Professional elections
clarification on the application of a balanced representation between women and men.
Civil procedure
civil procedure reform and impact on employment law litigation.
Social policy
publication of a guidance law on mobility.
Social security
on-site corporate fitness facility.
Social security contributions
publication of the list of the sectors concerned by the bonus-penalty principle.
Digital Labor code
simplification of the access to law.
The France Télécom case
Employer sentenced for “institutional psychological harassment”.
Newsletter No. 131 – November 2019
Summary
Discrimination
consequences of a non-reinstatement after a parental leave.
Procedure
admissibility of the attestations submitted to the labor court.
Economic redundancy
scope of the jurisdiction of the ordinary judge in case of an employment safeguard scheme (PSE).
Negotiation
content of the obligation to negotiate.
Working time
consequence of the illicit nature of the forfait-jours (i.e. a remuneration based on the number of days worked).
Harassment
clarification on the conditions to be granted immunity from criminal prosecution in case of proceedings for public defamation.
« Macron » schedule
position of the Court of appeal of Paris on the validity of the schedule.
Professional elections
conditions for transmitting the results to the minister of employment.
Unemployment
modification of and clarifications on the new regime.
Newsletter No.130 – October 2019
Summary
Non-compete clause
consideration for the non-compete obligation and retirement pension.
Health
no automatic prejudice in the absence of the single document.
Collective bargaining
clarifications on the conditions for the referendum on the validation of a minority agreement.
Sexual harassment
taking into account the attitude of the employee complaining about being harassed.
Personnel representatives
date of assessment of the protective status.
Social security
a decree on the right to make mistakes and on the URSSAF inspection procedure.
Physical appearance at work
framework decision of the Defender of rights.
Economic redundancy
new transmission portal.
Social security
presentation of the PLFSS for 2020 to the Council of ministers.
Newsletter No. 129 – September 2019
Summary
Economic redundancy
connection between the time frames for administrative and judicial remedies.
Unfitness for work
clarification relating to the obligation of redeployment.
Discipline
sanction for concealing remuneration overpayments.
Psychological harassment
impact of an occupational accident covered by social security on compensation for harassment.
Health and safety
extension of the prejudice of anxiety.
Procedure
accelerated labor court procedure and resignation.
Dismissal
impact, on the amount of compensation, of a serious misconduct committed during the notice period.
« Macron » schedule
position of the Court of appeal of Reims on the validity of the schedule.
Justice
decrees and catch-all order relating to the reform of the judicial system.
Newsletter No. 128 – August 2019
Summary
« Macron » schedule
some Labor Courts are still resisting.
Personnel’s representatives
annulment of the authorization to dismiss for omitting the employee’s external mandate.
Employee savings
implementation of certain measures of the Pacte law relating to employee savings.
Retirement savings
finalization of the reform in retirement savings.
Professional training
publication of an order correcting and completing the provisions of the Professional Future law.
Working conditions
a circular clarifies the occupational accidents and occupational illnesses “reform”.
Part-time work for health reasons
clarification on the calculation of the daily allowance.
Gender equality
publication of the gender equality index result.
Newsletter No. 127 – July 2019
Summary
Harassment
acknowledgement of the existence of acts of harassment outside of work.
Employment contract
validity of the non-compete clause covering two continents.
Employment contract termination
consequences of not complying with the requirements of a mutually agreed termination.
Hygiene and safety
validity of an « alcohol zero tolerance » clause in the internal rules.
Employment contract
invalidity of the part-time contract providing for a “chosen time”.
Employment contract termination
acts committed outside working hours may justify a dismissal for serious misconduct.
Employment contract termination
details relating to a dismissal for a disciplinary reason.
CDD (fixed-term contract)
employee’s compensation in case of an unfair termination by the employer.
Procedure
validity of the compensation schedule in case of a dismissal without real and serious cause.
Unemployment
details on new compensation cases.
Health
publication of the law relating to the organization and transformation of the health system.
Newsletter No. 126 – June 2019
Summary
Mutually agreed termination
details on the sanction in case of non-observance of the rules of assistance of the employer.
Protected employee
division of powers between the judicial judge and the administrative judge.
Labor court
intermediate solution for the application of the labor court compensation schedule.
Psychological harassment
compensation and victim’s attitude.
Posting
details on the conditions of application of the “Professional future” law relating to posting.
Right to make mistakes
launch of the website oups.gouv.fr.
Personal data
last step for bringing national law in line with the GDPR.
Disabled workers
details on the obligation to employ disabled workers.
Professional equality
details on the calculation of the gender equality index.
Health costs
details on the provisions of the “100% health” basket of care.
Newsletter No. 125 – May 2019
Summary
Unfitness for work
validity of the mutually agreed termination entered into following an occupational accident.
Protected employee
consequences of the annulment of an authorization to mutually agree to terminate an employment contract.
Apprenticeship
consequences of medical unfitness for work.
Employee representative bodies
consequences of an irregular deficiency regarding an employee’s individual situation.
Employment contract termination
clarification relating to project completion.
Working time
details on control obligations.
Criminal procedure
nature of the labor inspector’s visit.
Professional equality
conditions for sanctioning companies.
Social policy
entry into force of the PACTE law.