Best wishes 2018
Log Book
Newsletter No. 108 - December 2017
Summary
Equal treatment
case law turnaround regarding the conventional transfer of an employment contract.
Dismissal
consequences of a failure of the postal service.
Equal treatment
justification of the differences between employees hired after an agreement and those hired prior to said agreement.
Inaptitude
sanction of the breach by the employer of his obligation of redeployment.
Termination by mutual consent
details on the starting point of the limitation period.
Dismissal
publication of the decree relating to the procedure to specify the reasons set out in the letter of dismissal.
Procedure
details on the contestations of the opinions of the occupational doctor and on the decision-making procedure before the conciliation and orientation board.
Reform of labor law
publication of the sixth order, known as “catchall”.
Newsletter No. 107 - November 2017
Summary
Individual freedoms
conditions to compensate the occupancy of the employee’s domicile for professional purposes.
Moral and sexual harassment
admissibility of the employer joining civil proceedings as an injured party.
Staff representatives
deadlines assigned to the works council (CE) and to the Health, Safety and Working Conditions Committee (CHSCT) to deliver their opinion.
Freedom of religion
validity of neutrality provisions in the internal rules.
Procedure
details on the territorial jurisdiction of the union defender.
Working hours
additional details on the agreement relating to the forfait-jours (i.e., fixed number of working days).
Training
distance learning arrangements.
Newsletter No. 106 - October 2017
Summary
Hygiene and safety
possibility for an employer to file a complaint against a doctor.
Termination of the employment contract
consequences of a dismissal during a procedure of judicial termination.
Individual freedoms
privacy and business travel.
Working time
conditions of validity of a forfait jours (i.e., a working time arrangement whereby working time is not counted in hours but is based on a fixed number of working days per year) resulting from a company agreement.
Termination of the employment contract
redundancy and incompetence.
Equal treatment
validity of the differences in treatment between distinct establishments belonging to the same company.
Health, Safety, and Working Conditions Committee (CHSCT)
validation of the timeframe to appeal against the expert assessment.
Newsletter No. 105 - September 2017
Summary
Working hours
details on the notion of executive officer.
Employment contract
legal status of the offer of employment.
Employment contract
right to employment and temporary assignment.
Fundamental freedoms
employees’ emails monitoring conditions.
Dismissal
reassessment of the severance pay.
Labor
publication of the law empowering the government to reform labor law and of the five orders reforming labor law.
Newsletter No. 104 - August 2017
Summary
Protected employees
consequence of the cancellation of the employment safeguard scheme (PSE) on the dismissal authorization.
Procedure
interest in taking legal action of the trade unions on the occasion of a transfer of employment contracts.
Procedure
postponement of the deadline for submitting applications for the position of labor court councilor.
Discrimination
enhanced law enforcement regarding provocations, defamations and non-public insults of a racist or discriminatory nature.
Works council
validity of the non-suspendible consultation periods.
Computer technology and freedom
modification of the scope of the unique authorization for professional alerts.
Newsletter No. 103 - July 2017
Summary
URSSAF
social treatment of the transactional compensation paid at the end of a fixed-term contract (CDD).
Discrimination
validity of an advantage granted to women.
Occupational health
professional nature of the fact of feeling faint during a periodic examination at the occupational doctor’s.
Procedure
bearing of the defense costs incurred by an employee.
Working hours
conditions of admissibility of a claim for damages for the non-payment of extra hours.
Dismissal
details on the dismissal procedure of a protected employee.
Dismissal
priority question on constitutionality (QPC) relating to the provisions allowing to dismiss employees having refused a modification of their employment contract.
Company agreement
QPC relating to the organization details of the referendum allowing to validate a minority company agreement.
Newsletter No. 102 - June 2017
Summary
Civil liberties
impact of the absence of a declaration to the CNIL, on the admissibility of an evidence.
Dismissal for economic reasons
voluntary redundancy scheme provided for in an employment safeguard scheme (PSE) and order of the dismissals.
Protected employee
conditions of opposability of a mandate external to the judicial liquidator.
Ineptitude
specification concerning redeployment offers.
Termination of the employment contract
consequences of retirement within a difficult context.
Dismissal for economic reasons
consequences of a failure to consult the personnel representatives.
Dismissal
calculation methods of the severance pay in case of sick leave.
Procedure
validity of the accelerated procedure in case of the taking note of the termination of the employment contract.