CategoryNewsletters
Newsletter No. 149 – May 2021
Summary
DISCIPLINE
Conditions for invoking a code of ethics.
PROFESSIONAL ELECTIONS
Clarification relating to electoral litigation.
EMPLOYMENT CONTRACT TERMINATION
Reminder regarding the amount of compensation paid as part of a mutually agreed termination.
UNFITNESS
Clarification relating to the resumption of salary payments.
EQUAL TREATMENT
Applicability of the principle in connection with a settlement agreement.
STAFF REPRESENTATIVES
Annulment of the texts relating to the adjustment of consultation periods during the pandemic.
COVID-19
Procedure for recognizing the Coronavirus as occupational disease.
PATERNITY LEAVE
Extension of and obligation to take part of the leave.
Newsletter No. 148 – April 2021
Summary
TELEWORKING
Clarification relating to the remuneration of a teleworking employee.
DISCRIMINATION
Absence of a neutrality clause in the internal rules.
VARIABLE REMUNERATION
Modification of the objectives.
COVID 19
Days of rest imposed by an employer.
SOCIAL AND ECONOMIC COMMITTEE[2]
The CSE has no legal representative.
Newsletter No. 147 – March 2021
Summary
TELEWORKING
Clarification relating to the remuneration of a teleworking employee.
STAFF REPRESENTATIVES
Time-off rights and activity exemption.
STAFF REPRESENTATIVES
Clarification concerning litigation relating to the perimeter of distinct establishments.
WORKING TIME
Position of the CJEU concerning on-call duty.
HARASSMENT
Admissibility of an internal investigation report.
UNFITNESS
Impact of a modification of an employment contract on the occupational doctor’s opinion of unfitness.
Newsletter No. 146 – February 2021
Summary
OCCUPATIONAL ACCIDENTS
An employee’s depression following an altercation he has himself caused is an occupational accident.
NULL AND VOID DISMISSAL
Reinstatement of an employee having found a new position.
NULL AND VOID DISMISSAL
No reinstatement in case of a request for judicial termination and for nullity of a dismissal in a same instance.
PERSONNEL REPRESENTATIVES
Conditions justifying a request for an expert’s assessment for serious risk.
PARTIAL ACTIVITY
Extension of the partial activity measures and adjustment of the ratio variation.
Newsletter No. 145 – January 2021
Summary
MUTUALLY AGREED TERMINATION
Impact of the existence of a PSE[1] on the validity of a mutually agreed termination.
WORKING TIME
Details relating to the consequences of a flat-rate pay agreement deprived of any effect.
STAFF REPRESENTATIVES
Details as to the use of electronic voting.
COLLECTIVE AGREEMENT
Impact of the adaptation of the effects of the annulment of a clause on litigation which has already started.
EMPLOYMENT CONTRACT TERMINATION
Powers of the judge regarding settlement.
WORKING TIME
Clarification relating to the proof of extra hours.
COVID-19
Exemption measures applicable to occupational medicine.
Newsletter No. 144 – December 2020
Summary
EMPLOYMENT CONTRACT TERMINATION
Dismissal and employees’ private life.
DISCIPLINARY DISMISSAL
Compensation in case of vexatious conditions and validation of the dismissal.
CHANGE OF EMPLOYER
Clarification relating to a transfer by way of an agreement.
FUNDAMENTAL FREEDOMS
Right to evidence and respect of personal data.
DISMISSAL ON ECONOMIC GROUNDS
Consequences of a refusal to apply a mobility agreement.
COVID 19
Renewal of certain transitional labor law measures.
Newsletter No. 143 – November 2020
Summary
PROTECTED EMPLOYEES
Sanction in case of an illegal decision from the labor inspectorate.
STAFF REPRESENTATIVES
Clarifications as to the appointment of the representative of a union local branch.
WHISTLE-BLOWER
Clarification about the protection benefitting a whistle-blower employee.
EQUAL TREATMENT
A collective agreement may reserve certain rights for women.
STAFF REPRESENTATIVES
Clarification as to the sanction in case of a refusal to hold elections for staff representatives.
EMPLOYMENT CONTRACT TERMINATION
Consequence of a dismissal concomitant of an employee’s legal action.
COVID-19
Extension of the state of health emergency.
Newsletter No. 142 – October 2020
Summary
DISMISSAL ON PERSONAL GROUNDS
Limits to a father’s protection against dismissal after birth.
DISMISSAL FOR UNFITNESS
Failure to consult the CSE in case of dismissal for unfitness with a non-occupational origin.
MUTUALLY AGREED TERMINATION
Impact of the non-delivery of a copy of the agreement to the employee.
NON-COMPETE CLAUSE
Formality of the waiver of the non-compete clause.
DUTY OF LOYALTY
Creation of a competing company.
COVID-19
New general measures in relation with the health emergency.
Newsletter No. 141 – September 2020
Summary
EMPLOYMENT CONTRACT
Statute of limitations applicable to an action aiming at converting a part-time employment contract.
DISCIPLINARY DISMISSAL
Court’s discretion regarding misconduct.
PROFESSIONAL ELECTIONS
Clarifications as to the employer’s obligation to provide information to unions.
HARASSMENT
Impact of an employee’s bad faith.
Newsletter No. 140 – August 2020
Summary
DISCIPLINARY DISMISSAL
Theft committed outside the working hours.
WHISTLE-BLOWER
When is a whistle-blower acting in bad faith?
POSTING
Since 30 July 2020, the provisions of the Labor code apply to employees who have been posted outside of France for more than twelve months.
PROCEDURE
Extension of the labor courts’ jurisdiction at last instance.
EMPLOYMENT SUBSIDY
Exceptional subsidy on hiring a youth under the age of 26.
EMPLOYMENT SUBSIDY
Exceptional subsidy on granting work-study contracts.
COVID-19
New health protocol for September 2020.