Log Book
Newsletter No. 101 - May 2017
Summary
Mutually agreed termination
the Direccte may go back on a decision of non-approval.
Dismissal for inability
specifications on the method of calculation of the severance pay.
Redeployment of an unfit employee
specifications on the scope of the offers and tasks to propose to the employee.
Labor court proceedings
publication of decrees concerning the conditions of referral to the labor court and the effects of the closing ordinance.
Secondment
publication of a decree aiming at fighting against illegal international provisions of services.
Opinion of the occupational doctor
specifications on the new rules of contestation of the occupational doctor’s opinions.
Unemployment
approval of the new unemployment insurance agreement.
Challenge (contredit)
replacement of the challenge by the appeal.
Newsletter No. 100 - April 2017
Summary
Health and safety
consequences of the absence of compulsory medical visits.
Social security contributions
impact of the ministerial letters and memoranda of the Acoss.
CHSCT (health and safety committee)
CHSCT expert and professional confidentiality.
Professional alert
procedures of collection of the alerts put forward by the whistleblowers.
Unique staff delegation (DUP)
validation of the prior notice related to the new modalities of use of the credit of hours.
Union representative defender
validation of the provisions relating to professional confidentiality and the obligation of discretion.
Labor inspection
publication of the decree establishing a code of ethics for the public service of the labor inspection.
Newsletter No. 99 - March 2017
Summary
Maternity
validation of the dismissal of a pregnant employee in the absence of a renewal of the work authorization.
Co-employment
financial support and technical assistance brought by the parent company to its subsidiary do not suffice to characterize co-employment.
Religion within the company
The CJEU sets its conditions regarding the restrictions on the wearing of religious symbols within a company.
End of contract documents
delivery of the Pôle Emploi attestation in case of dismissal.
Managerial harassment
validation of the dismissal of the HR manager who has not put an end to the acts of harassment.
Listed limited liability companies (LLCs)
publication of the decree providing for the validation by the shareholders of the managers’ remuneration.
Duty of care
enactment of the law without its “fine” section.
Newsletter No. 98 - February 2017
Summary
Dismissal for economic reasons
The taking into account of all the criteria of order for dismissal.
Redeployment
The refusal of a position due to its distance to the place of residence is also valid in case of a position abroad.
Dismissal for economic reasons
Nullity of the dismissal during maternity leave.
Discrimination
Nullity of the dismissal of an employee having refused to take an oath on religious grounds.
Protected employees
Sitting on a professional joint committee gives a right to the protective status.
Very serious misconduct
Denigrating corporate policy with customers does not necessarily constitute very serious misconduct.
Social contributions
Prohibition for the foreign employer to transfer the responsibility of paying the social contributions to the employee in the absence of an establishment in France.
Newsletter No. 97 – January 2017
Summary
Fixed meal and transport allowances
they now constitute a reimbursement of expenses, not an additional pay.
Dismissal for economic reasons
a potential decrease in the subsidies is no ground for dismissal.
Christmas bonus
it is discretionary, if it fails to comply with the conditions of a company’s custom.
International work relations
determination of the applicable law.
Verbal dismissal
it cannot be later regularized by the sending of an invitation to attend a pre-dismissal meeting.
Road traffic offences
publication of the decree and the administrative order describing the reporting procedure of the driver employee by the employer.
Equality and Citizenship Law
the core social measures have been validated by the French Constitutional Court.
Social Security Financing Law for 2017
the main measures of interest to companies.
Newsletter No. 96 - December 2016
Summary
Dismissal of a protected employee
clarification relating to the control of the labour inspectorate upon expiration of the protection period.
Non-compete provision
no possible extension beyond what is expressly provided.
Benefits pertaining to categories of employees
a difference in treatment can be instituted, under certain conditions, in terms of remuneration.
Mutually agreed upon termination
failure to organize a meeting justifies cancellation of the agreement.
Whistleblowers
publication of the law relating to transparency, the fight against corruption and modernization of economic life, called “Sapin II”.
Staff representative bodies
publication of the decree describing the modalities for challenging the appraisals by the Hygiene, Security and Working Conditions Committee
Professional elections
publication of the decree relating to the electronic vote.
Newsletter No. 95 - November 2016
Summary
Termination of employment contract
clarification relating to the waiver by the employer of the non-compete provision.
Staff representatives
conditions of admissibility of evidence brought by a trade union.
Economic dismissal
clarification on the concept of the group’s scope.
Unfitness
new clarification relating to employee’s redeployment.
Works council
clarification relating to the calculation of the contribution to social and cultural activities.
Dismissal
publication of the reference table of the indemnities due in the event of an unjustified dismissal.
Procedure
law modernizing justice of the XXIst century.
Working time
decrees providing for various measures relating to working time, rest and leave.
Newsletter No. 94 - October 2016
Summary
Restructuring
implementation of the collective warranties of the absorbing company to the employees of the absorbed company.
Termination of employment contract
clarification on the amounts owed to the employee in case of constructive dismissal.
Harassment
irresponsibility of the employer in the event of acts committed by third parties.
Cloakrooms and catering
modification of the regime of the provision of such premises.
Dismissal
compliance with the Constitution of the indemnification of the dismissal without real and serious ground.
Mandatory displaying of information and relationships with the labour authority
simplification of the companies’ obligations.
Social contributions
clarification relating to the extension of the procedure whereby questions can be submitted to the social authorities (“rescrit social”).
Works Council
simplification of the assessment of the threshold of 300 employees.