Log Book
Newsletter No.182 - February 2024
Summary
PAID LEAVE
Compliance with the Constitution of legal provisions regarding entitlement to paid leave during sick leave.
FAIRNESS OF THE PROOF
Admissibility of video surveillance to ensure the exercise of the employer’s right to proof.
EMPLOYEE IMAGE
The employee's image cannot be used by the employer for commercial purposes without obtaining prior consent.
TERMINATION WITHOUT REAL AND SERIOUS CAUSE
The Court of Appeal of Grenoble continues to resist and once again rejects the Macron scale.
OVERTIME
Proof of overtime can be provided by any means.
DISCIPLINARY LAW
No prior sanction occurring more than three years before the initiation of disciplinary proceedings can be invoked in support of a new sanction.
WORKING HOURS
Failure to comply with the maximum working hours necessarily causes harm to the employee.
Newsletter No.181 - January 2024
Summary
UNFITNESS
An employer's compliance with the obligation to redeploy does not exempt them from resuming salary payments if no dismissal or redeployment occurred within the month following the declaration of unfitness.
PROTECTED EMPLOYEES
The decision to authorize the dismissal of a protected employee is binding on the judicial judge.
AGREEMENT FOR REMUNERATION BASED ON THE NUMBER OF DAYS WORKED
The individual agreement for remuneration based on the number of days worked concluded in the absence of a collective agreement must comply with the supplementary provisions under penalty of nullity.
FAIRNESS OF EVIDENCE
Inadmissibility of the audio recording which was not essential in the exercise of the right to evidence.
BURDEN OF PROOF
The burden of proof placed on victims of moral and sexual harassment must not be excessive.
NON-COMPETE CLAUSE
The violation of the non-compete clause by the employee results in the permanent loss of the financial compensation.
UNEMPLOYMENT COMPENSATION
Clarifications on the applicable procedure in case of a refusal by an employee of a permanent contract proposal at the end of a temporary contract.
Newsletter No.180 - December 2023
Summary
FAIRNESS OF THE PROOF
The Court of Cassation now admits that, in a civil dispute, a party may use, under certain strict conditions, evidence obtained unfairly to assert their rights.
FOREIGN WORKERS
Foreign employees who have not applied for the renewal of their residence permit may be dismissed after it expires.
ACCIDENTS AT WORK
The presumption of an accident at work can only be contested by a cause entirely unrelated to work.
UNFITNESS
The obstacle to any on-site redeployment does not exempt the employer from its redeployment obligation.
PREGNANT EMPLOYEE
Sending the notice to attend the pre-dismissal meeting during the protection period renders the dismissal null and void.
REMUNERATION
An employer who pays a non-formalized bonus for seven years cannot stop its payment on the pretext of an error.
INTERNAL INVESTIGATION
The internal investigation report is not an illicit means of evidence and can be used to justify dismissal for misconduct.
Newsletter No.179 - November 2023
Summary
EMPLOYEE INFORMATION
Entry into force on 1 November 2023 of the decree implementing the law of 9 March 2023, transposing the European directive of 20 June 2019, relating to employee information.
MODIFICATION OF THE EMPLOYMENT CONTRACT
The proposition to modify the employment contract for economic reasons must be sufficiently precise.
CALCULATION OF THE SEVERANCE PAYMENT
Stock options do not constitute remuneration that can be used to calculate the severance payment.
ECONOMIC REASONS
Only a complete cessation of the company's activity can justify dismissal for economic reasons.
SAFETY OBLIGATION
The employer must prove that he has taken all necessary measures to ensure the safety of the employee.
Newsletter No.178 - October 2023
Summary
PROTECTED EMPLOYEES
The employer who has not disputed the candidacy of an employee cannot exclude the prior authorization procedure for dismissal.
RIGHT TO EVIDENCE AND PRIVACY
The infringement of privacy must be essential to the exercise of the right to evidence.
FRENCH LANGUAGE
Working documents written in English are not enforceable against an employee.
PRIVACY
Traffic violations by an employee during personal trips with a company vehicle cannot justify dismissal for misconduct.
BDESE (economic and social database)
The employer is not required to organize a prior negotiation on the content of the economic and social database.
ORDER OF DISMISSALS
The order of dismissals is not necessary if all the positions in the same category are abolished.
Newsletter No.177 - September 2023
Summary
RECRUITMENT
An employer cannot demand to know the age of a job candidate if he does not demonstrate that it is an objective and determining criterion for his or her hiring.
PAID LEAVE
Major case law developments concerning the right to paid leave.
PRE-DISMISSAL MEETING
The time between the convening and the holding of the pre-dismissal meeting starts when the notification to attend is presented.
RULES OF EVIDENCE
Evidence of a breach reported by a “mystery client” is lawful, as long as the employee has been informed of such a procedure.
WHISTLE-BLOWING
The whistleblower denouncing a crime or an offense does not have to be disinterested.
Newsletter No. 176 - August 2023
Summary
PAID LEAVE
A leave from work due to illness of non-occupational origin does not prevent the acquisition of paid leave.
PENSION REFORM
Clarifications relating to phased retirement, the pension resulting from the full combination of employment and retirement and the social regime for individual mutually agreed termination.
PAYROLLING
A payrolling contract can be converted into a permanent contract within 5 years of its end, even if the employee did not have a permanent job.
DELEGATION OF AUTHORITY
The new National Collective Bargaining Agreement for the metallurgy industry imposes a “preliminary reflection” before the implementation of a delegation of authority.
OCCUPATIONAL WEAR AND TEAR
Details on the application of article 17 of the LFRSS of 14 April 2023 on the prevention of occupational wear and tear.
PROFESSIONAL ELECTIONS
In companies with 11 to 20 employees, the employer must organize professional elections, even in the absence of a candidate.
Newsletter No.175 - July 2023
Summary
MOBILITY CLAUSE
Control of the interference with personal and family life when implementing a mobility clause.
CAREER DEVELOPMENT INTERVIEW
The career development interview and the evaluation interview may take place on the same day.
COLLECTIVE AGREEMENT
An employee may request the application of the collective agreement included in his employment contract.
CSE CHARTERED ACCOUNTANT
The CSE chartered accountant cannot interview employees without the employer’s agreement.
CSE MEETINGS
Only a member of the CSE may contest a modification of the agenda made outside the conventional and legal deadlines.
DISMISSAL
An employer must prove that the dismissal of an employee is not linked to his request for professional elections.
WHISTLE-BLOWING
New CNIL reference frame for the processing of personal data in the context of whistle-blowing systems.
Newsletter No.174 - June 2023
Summary
VARIABLE REMUNERATION
The annual objectives defined unilaterally by the employer are not implicitly renewable.
TRAVEL TIME
The travel times of an employee on a long journey do not automatically constitute working time.
TERMINATION OF EMPLOYMENT CONTRACT
The dismissal pronounced in lieu of a disciplinary sanction is not necessarily of a disciplinary nature.
PROTECTED EMPLOYEES
A judge can rule on the validity of sanctions adopted against a protected employee before his dismissal.
TELEWORK
An employee's accident occurring outside working hours is not an accident at work.
WORK ACCIDENTS
Obligation of the employer to inform the labor inspectorate within 12 hours of the accident.