Log Book

INTERNAL INVESTIGATION INTO DISCRIMINATION AND SEXUAL HARASSMENT

In a framework decision of 6 February 2025, the Defender of Rights issued recommendations concerning the conduct to be adopted by employers in cases of discrimination and sexual harassment.

DISMISSAL OF A PREGNANT EMPLOYEE

The nullity of the dismissal of a pregnant employee entails the payment of the wages not received during the period covered by the nullity.

DIFFERENCE IN TREATMENT AND SUBSTITUTION AGREEMENT

A difference in treatment resulting from a substitution agreement is presumed to be justified.

MORAL HARASSMENT

In cases of moral harassment, the judge must base their decision on an analysis of all the evidence provided by the employee.

PROFESSIONAL SECURITY CONTRACT

The absence of a mention of reemployment priority in the context of a professional security contract does not invalidate the dismissal, but may give rise to damages in the event of harm.

UNFITNESS TO WORK AND IMPOSSIBILITY OF REDEPLOYMENT

The occupational physician must refer to article L. 1226-2-1 of the Labor Code or to an equivalent wording to declare the unfitness to work of an employee and the impossibility of redeployment.

ECONOMIC DISMISSAL

The lack of selection criteria invalidates a redeployment offer and entails the consequences of a dismissal without real and serious cause

JUDICIAL TERMINATION AND GUARANTEE OF WAGE CLAIMS

The AGS (wage guarantee regime management association) covers unpaid wage claims in cases of judicial termination due to serious misconduct by the employer that prevents the continuation of the contract.

INSTITUTIONAL MORAL HARASSMENT

An employer who pursues a policy of destabilizing its employees with the aim of reducing its workforce is guilty of institutional moral harassment.

MODIFICATION OF THE EMPLOYMENT CONTRACT AND ECONOMIC DISMISSAL

The termination resulting from an employee's refusal to accept a modification of their employment contract, proposed for a reason not inherent to their person, amounts to a dismissal for economic reasons.

TRAVEL TIME

Travel between home and the vehicle pickup point does not constitute actual working time.

TEMPORARY EMPLOYMENT CONTRACT

Failure to comply with the waiting period and the grounds for using assignment contracts may justify their reclassification as a permanent contract (CDI).

BENEFIT IN KIND AND CONCEALED WORK

Company-provided accommodation made available free of charge to an employee constitutes a benefit in kind. Failure to assess and subject this benefit to contributions reflects the employer's intent to conceal.

ECONOMIC DISMISSAL

In the case of the economic dismissal of a protected employee, the administration does not investigate the employer's fault.

EMPLOYEE PRIVACY AND ADMISSIBILITY OF EVIDENCE

Messages sent by an employee via a company-provided phone, containing criticisms of the company and its managers, may be used in disciplinary proceedings.

STATUS OF EXECUTIVE OFFICER

A claim for back pay related to the contestation of the status of executive officer is subject to a three-year limitation period.

DISMISSAL FOR UNFITNESS

An employer, who delays initiating reclassification or dismissal procedures, thereby leaving the employee in forced inactivity, breaches their obligations.

SANCTION AGAINST A PROTECTED EMPLOYEE

OBLIGATION OF REDEPLOYMENT

Burden of proof regarding the scope of redeployment within a group

DISCRIMINATION AND BURDEN OF PROOF

The employee must provide evidence suggesting discrimination; the employer must then prove the absence of discrimination

TERMINATION OF EMPLOYMENT CONTRACT AND LIMITATION PERIOD

Failure to sign the account settlement does not trigger the limitation period

REMUNERATION

An employee on partial activity receives an hourly remuneration during public holidays

EMPLOYMENT OF OLDER EMPLOYEES

A national cross-industry agreement introduces new provisions for the employment of "experienced employees"

EXECUTIVE MANAGER

To classify an employee as an executive manager, it is necessary to assess their actual involvement in the management of the company

RESIGNATION

For a resignation to be valid, it must not be ambiguous

SETTLEMENT AGREEMENT

The conclusion of a settlement agreement bars the right for the parties to take further legal action

MATERNITY LEAVE

Working during maternity leave or sick leave entitles an employee to damages, but not to back pay.

SABBATICAL LEAVE

In the absence of a response from the employer, a sabbatical leave, even if requested late, is considered granted.

DATA PROTECTION

To prove union-based discrimination, the production of other employees' pay slips is permitted, provided it complies with GDPR provisions.

REST PERIODS

The inability to contact an employee during their rest days cannot be considered misconduct justifying a disciplinary sanction.

ELECTIONS AND FRAUD

In the event of fraud, a professional election is not canceled if said fraud had no impact on the result.

WORK ACCIDENTS

Leaving a preliminary meeting in tears is not enough to characterize a work accident.

REDEPLOYMENT OF AN UNFIT EMPLOYEE

TELEWORK

Teleworking from abroad without authorization may constitute serious misconduct.

UNFITNESS FOR WORK

The redeployment proposal in accordance with the recommendations of the occupational doctor is presumed to be fair.

CSE (SOCIAL AND ECONOMIC COMMITTEE) EXPERTISE

A court of justice may rule that the expert report requested by the CSE is abusive.

PERSONAL DISMISSAL

An employee cannot be dismissed for serious misconduct due to acts attributable to her partner.

MATERNITY LEAVE

An employer's failure to comply with the obligation not to make an employee work during her maternity leave automatically entitles the employee to compensation.

BREAK TIME

The mere finding of non-compliance with daily break times automatically entitles the employee to compensation.

STAFF REPRESENTATIVES

The absence of exceptional circumstances justifying the completion of additional delegation hours justifies a proportional deduction from salary.

REDEPLOYMENT OF AN EMPLOYEE DECLARED FIT FOR PART-TIME WORK

An employee who refuses a modification of their employment contract following the opinion of the occupational doctor is entitled to the maintenance of their salary.

TRIAL PERIOD OF PERMANENT CONTRACT

The duration of fixed-term contracts, even discontinuous ones, is deducted from the potential trial period of the permanent contract following them.

ECONOMIC DISMISSAL

Employees dismissed within 30 days preceding the first meeting for the implementation of the Employment safeguard scheme (PSE) may request payment of the supra-legal compensation provided for by the PSE.

DISCIPLINARY AUTHORITY OF THE EMPLOYER

A human resources director of a branch does not have the authority to sanction their hierarchical superior.

HARASSMENT AND INTERNAL INVESTIGATION

The implementation of an internal investigation is not mandatory in the event of harassment allegations.

EMPLOYER'S FOLLOW-UP EXAMINATION

Clarifications on the terms of the follow-up examination.

LIMITATION PERIOD

The employee's action for failure to join the employee benefit scheme is subject to a five-year limitation period.

RIGHT TO PROOF

Refusal to communicate an internal investigation report.

COMPANY VALUATION SHARING PLAN (PPVE)

Setting the terms for implementing the PPVE by decrees of June 29 and 5 July 2024.

CSE EXPERTISE

The CSE expert does not need the employer's consent to interview employees.

OBLIGATION OF LOYALTY

The liaison between a staff representative and the HR manager constitutes a breach of the obligation of loyalty justifying the dismissal of the latter.

MODIFICATION OF EMPLOYMENT CONTRACT

An employee responsible for a child with a disability can legitimately refuse a change in working hours.

EVIDENCE AND ACCIDENT AT WORK

An unfair recording can be considered admissible to allow an employee to establish a work accident and an inexcusable fault.

MUTUALLY AGREED TERMINATION

The intentional concealment by the employee of information critical to the employer's consent results in the nullity of the mutually agreed termination for lack of consent.

ECONOMIC DISMISSAL

The fault of the employer at the origin of the economic difficulties deprives the dismissal of a real and serious cause.

SEVERANCE PAY

Therapeutic part-time work must be neutralized for the calculation of severance pay.

REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS) AND SYNTEC

Extension of the amendment of 13 December 2022