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.
Clarification as to the rules setting the order of annual leaves.
Health crisis and paid leave.
Redundancy challenged in case of a company’s cessation of business.
Law organizing the end of the state of health emergency.
Scope of the professional organizations’ good practice guides.
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.
New case of early release.
Publication of a new health emergency law.
Modification of the features of the regime.
Modification of the periods of information and consultation of the CSE during the state of health emergency.
Modification of the calculation rules of the partial activity compensation for certain categories of employees.
Publication of the vulnerability criteria justifying the switching to partial activity.
Validation of the financial transparency requirement.
Extension of the state of health emergency.
Temporary conditions for leave prescription and renewal.
Determination of the conditions of application of the “sustainable mobility package”.
HEALTH AND SAFETY
Importance of the single document on risk assessment in the face of the Coronavirus breakout.
Extension of certain rights with respect to the state of health emergency.
Extension of the exceptional measures to certain employees.
Departure from the principle of period suspension during the health emergency state period.
Relaxation of the use of the leave for parental presence and of the daily parental presence allowance.
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:
Details relating to receiving one’s salary a month after the occupational doctor has given their opinion.
Details relating to the burden of proof regarding extra hours.
Pregnancy and the refusal to modify the employment contract.
Conversion of the digital platforms’ contracts.
Postponement of the entry into force of the reform.
Reminder of the steps necessary to prove psychological harassment.
Wearing a beard and expressing religious convictions.
DISMISSAL AND OCCUPATIONAL HEALTH
Discriminatory nature of a dismissal decided after reported burn-out.
Limitation period applying to the action to convert a CDD (i.e., a fixed-term contract) into a CDI (i.e., permanent contract).
Clarifications on the application of the flat-rate tax on customary fixed-term contracts.
Clarifications from the Ministry of Employment.
Publication of the gender equality index.
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.
Disrespectful remarks andfreedom of expression.
Consequences of the failure to organize professional elections.
Implementation of the reform carried out by the PACTE law.
Conditions applying to the electronic notification of the CARSAT’s decisions.
Introduction of a tax on customary fixed-term contracts.
employer’s duty of prevention.
clarification on the application of a balanced representation between women and men.
civil procedure reform and impact on employment law litigation.
publication of a guidance law on mobility.
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”.
consequences of a non-reinstatement after a parental leave.
admissibility of the attestations submitted to the labor court.
scope of the jurisdiction of the ordinary judge in case of an employment safeguard scheme (PSE).
content of the obligation to negotiate.
consequence of the illicit nature of the forfait-jours (i.e. a remuneration based on the number of days worked).
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.
conditions for transmitting the results to the minister of employment.
modification of and clarifications on the new regime.