Log Book
Newsletter No. 120 - December 2018
Summary
Digital platforms
conversion into an employment contract for delivery persons riding bicycles.
Compensation scale
first decision of non-conventionality given by a labor court.
Distinct establishment
assessment in relation to the setting up of a Social and Economic Committee (CSE) within an establishment.
Role of the subsidiary’s works council
consultation obligation regarding the parent company’s projects.
Protected employees’ dismissal
scope of the protection in the absence of reintegration.
« Yellow vests »
setting up of the measures announced by the French president.
Social rescript
new measures for implementation.
RGPD
adaptation of the 1978 law on information technology and individual freedom.
Newsletter No. 119 - November 2018
Summary
Sunday work
conformity with article 7 of convention No. 106 of the International Labor Organization (ILO) of a special permission in furniture retail.
Employment contract termination
effects of the acknowledgement of an employment contract termination for non-payment of extra hours.
Working hours
consequences of the loss of one’s rights to paid holiday.
Staff representatives
details concerning the recognition of an economic and social unit (UES).
Collective economic redundancy
details on jurisdiction apportioning between ordinary courts and administrative courts.
Employment contract
consequence of a CDD not being signed by the employer.
International employment contract
effect of the choice by the parties of the applicable law.
Personal data
clarification by the CNIL regarding the application of the GDPR.
Newsletter No. 118 - October 2018
Summary
Schedule of labor courts compensation
conformity to article 10 of convention No. 158 of the International Labor Organization.
Settlement
nullity of a settlement concluded in the absence of a prior notification of the dismissal by registered letter with acknowledgement of receipt.
Economic redundancy
the non-setting up of a staff representative structure causes harm to the employees.
Professional elections
application of the principle of the personal exercise of the right to vote in case of electronic voting.
Collective mutually agreed termination
first decision given by the administrative court on the measures introduced by the order No. 2017-1387 of 22 September 2017.
Non-compete clause
independence of the mobility clause and the non-compete clause.
Health and safety
conditions of giving effect to the employer’s liability based on his or her safety performance obligation.
Social security
: vote of the social security financing bill for 2019 by the National Assembly, at first reading, on 30 October 2018.
Social policy
vote of the PACTE bill by the National Assembly, at first reading, on 9 October 2018.
Newsletter No. 117 - September 2018
Summary
Private life
consequences of words used on social networks.
Settlement agreement compensation
assessment by the administrative judge of the tax exemption.
Economic redundancy
the absence of training does not deprive a dismissal of a cause but creates a distinct loss.
Non-compete clause
fate upon intra-group mobility.
Company car
carpooling may justify a dismissal.
Intercompany health services
clarifications on the calculation method of the contribution.
Individual freedoms
sanctioning of biometric checks conducted without prior authorization.
Training
promulgation of the “Professional future” law.
Social security litigation
clarifications on the location and jurisdiction of the courts of first instance and of the courts of appeal.
Newsletter No. 116 - August 2018
Summary
Right to make mistakes
publication of the law for a State at the service of a trustful society.
Unfair competition
transposition of the European directive on trade secrets.
Executives
new employee benefit scheme.
Information technology and individual freedoms
publication of the decree completing the law relating to the protection of personal data.
Harassment
law reinforcing the fight against sexual and sexist violence.
Immigration
the law for a managed immigration, an effective right of asylum and successful integration.
Professional training
adoption of the law for the freedom to choose one’s professional future.
Newsletter No. 115 - July 2018
Summary
Working hours
on-call duty and hotline.
Termination of the employment contract
nature of the ground based on the refusal of a modification of the contract.
Protected employee
jurisdiction in case of the authorization of dismissal being cancelled.
CHSCT
clarifications on the conditions to obtain an expert’s assessment.
Procedure
conditions of admissibility of anonymous testimonies.
Temporary posting
new European directive.
Employment contract
new agreements relating to the CDD and to the works contract in the Metal industry.
Dismissal
method for calculating the compensation in case of a part-time parental leave.