CategoryNewsletters
Newsletter No. 139 – July 2020
Summary
STAFF REPRESENTATIVES
Assessment of how distinct establishments are determined for the setting up of the CSE.
HEALTH AND SAFETY
Clarification as to the limitation period of the prejudice of anxiety.
LEAVES
Clarification as to the rules setting the order of annual leaves.
COVID-19
Health crisis and paid leave.
ECONOMIC REDUNDANCY
Redundancy challenged in case of a company’s cessation of business.
COVID-19
Law organizing the end of the state of health emergency.
Newsletter No. 138 – June 2020
Summary
PROCEDURE
Jurisdiction over risk assessment and prevention measures in relation with an employment safeguard scheme (PSE).
COVID-19
Scope of the professional organizations’ good practice guides.
ILLNESS
Impact of a non-authorized sport practice on the payment of the social security daily allowances (IJSSs).
FIXED-TERM EMPLOYMENT CONTRACT
Admissibility of an early termination at the employer’s expense.
EMPLOYEE SAVINGS
New case of early release.
COVID-19
Publication of a new health emergency law.
PARTIAL UNEMPLOYMENT
Modification of the features of the regime.
Newsletter No. 137 – May 2020
Summary
STAFF REPRESENTATIVES
Modification of the periods of information and consultation of the CSE during the state of health emergency.
PARTIAL ACTIVITY
Modification of the calculation rules of the partial activity compensation for certain categories of employees.
PARTIAL ACTIVITY
Publication of the vulnerability criteria justifying the switching to partial activity.
UNIONS
Validation of the financial transparency requirement.
CORONAVIRUS
Extension of the state of health emergency.
OCCUPATIONAL MEDECINE
Temporary conditions for leave prescription and renewal.
TRAVEL ALLOWANCES
Determination of the conditions of application of the “sustainable mobility package”.
Newsletter No. 136 – April 2020
Summary
HEALTH AND SAFETY
Importance of the single document on risk assessment in the face of the Coronavirus breakout.
UNEMPLOYMENT
Extension of certain rights with respect to the state of health emergency.
PARTIAL ACTIVITY
Extension of the exceptional measures to certain employees.
PROCEDURE
Departure from the principle of period suspension during the health emergency state period.
PARENTAL LEAVE
Relaxation of the use of the leave for parental presence and of the daily parental presence allowance.
Coronavirus Special Issue
Summary
HOW LABOR LAW IS DEALING WITH THE COVID-19 OUTBREAK
On 16 March 2020, the French President declared that France was “at war” against the Covid-19.
1. THE « BASE » TEXT
The emergency law No. 2020-290 of 23 March 2020 to cope with the covid-19 outbreak has declared the state of health emergency for a two-month period from its publication (on 24 March 2020) and enables the Government to take, by way of orders, within three months from the publication of the law, emergency measures, notably in matters of labor law, in the following areas:
Newsletter No. 135 -March 2020
Summary
PHYSICAL INCAPACITY
Details relating to receiving one’s salary a month after the occupational doctor has given their opinion.
WORKING TIME
Details relating to the burden of proof regarding extra hours.
DISMISSAL
Pregnancy and the refusal to modify the employment contract.
EMPLOYMENT CONTRACT
Conversion of the digital platforms’ contracts.
UNEMPLOYMENT
Postponement of the entry into force of the reform.
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.