Log Book
Newsletter No. 164 - August 2022
Summary
INTERNAL RULES
Need to update the internal rules to include a reminder of the existence of the whistle-blower protection system.
COVID-19
End of the exceptional regimes created to fight against the Covid-19 epidemic.
COVID-19
Employers must ensure the safe return of vulnerable employees.
UNFIT PROTECTED EMPLOYEE
Available interim positions must be offered in matters of redeployment.
SOCIAL POLICY
Entry into force of the "purchasing power package" provided for by the government to fight against inflation.
RECRUITMENT
Extension of the list of information to be transmitted to the employee upon recruitment.
Newsletter No. 163 - July 2022
Summary
DISMISSAL
Indication of the procedure for requesting details on the reasons for dismissal in the notification letter.
COVID-19
Conditions for using the derogatory system for taking days of rest set up in the context of the health crisis.
MORAL AND/OR SEXUAL HARASSMENT
Admissibility of a non-exhaustive internal investigation report as proof of acts of harassment.
TRAVEL EXPENSES
Bearing by the employer of the travel expenses of employees who moved to the provinces during the health crisis.
SOCIAL POLICY
Adoption in first reading of the bill on purchasing power.
JURISDICTION OF THE CSE OF AN ESTABLISHMENT (or CSEE)
Consultation of the CSEE to develop measures decided at the central level.
Newsletter No.162 - June 2022
Summary
REDUNDANCY
Assessment of the economic ground based on a significant drop in the company's turnover or orders.
PROFESSIONAL ELECTIONS
Value of the principle of equality in the exercise of the right to vote.
PAY
Starting point of the back pay action based on the conversion of a part-time employment contract into a full-time contract.
PRIOR MEDIATION CLAUSE
Referral to the labor court in the presence of a prior mediation clause.
DELEGATION HOURS
Refusal of an employer to pay the hours of delegation of a staff representative.
TEMPORARY INCREASE IN ACTIVITY
Use of the assignment contract for temporary increase in activity.
MORAL HARASSMENT
Internal investigation carried out by the HRM as evidence.
Newsletter No.161 - May 2022
Summary
BREACH OF CONTRACT
Validation of the Macron scale in case of dismissal without real and serious cause.
WHISTLEBLOWER PROTECTED EMPLOYEE
Details of the procedure to follow in the event of dismissal.
PROFESSIONAL ELECTIONS
Challenging an employer’s unilateral decision that sets the terms of organization of the elections.
EMPLOYMENT CONTRACT
Limitation period for an action in recognition of an employment contract.
HEALTH AND SAFETY
Obligation to reinstate an employee declared unfit by the occupational doctor.
COLLECTIVE BARGAINING
When contractual stipulations and conventional provisions are both applicable, which ones are to prevail?
MUTUALLY AGREED TERMINATION
Payment of compensation to the deceased employee’s beneficiaries after approval.
Newsletter No.160 - April 2022
Summary
FREEDOM OF EXPRESSION
Sexist remarks trivializing violence against women.
SUBORDINATION RELATIONSHIP
Classification process in the context of a relationship between a driver and a platform.
REINSTATEMENT OF A PROTECTED EMPLOYEE
Tax consequences of the payment of compensation for suffered damage.
TRADE UNION
Verification of the representativeness of the trade unions that have signed a collective agreement.
PROFESSIONAL ELECTIONS
Pre-election dispute followed by electoral dispute.
DISCIPLINARY DISMISSAL
Occurrence of misconduct after the pre-dismissal meeting and new notification to attend before notification of the dismissal.
BDESE
List of environmental indicators.
Newsletter No. 159 - March 2022
Summary
UNFITNESS
Starting point of the contestation period.
CSE (Social and economic committee)
Restriction of the use of experts’ assessments.
COLLECTIVE BARGAINING
Clarification on the level of negotiation of the employment safeguard scheme.
HEALTH AND SAFETY
Conditions of the prohibition of alcohol consumption in the workplace.
WORKING TIME
Annual remuneration based on the number of days worked (forfait-jours annuel) and employer's safety obligation.
COLLECTIVE BARGAINING
Possibility for the CSE to challenge a collective agreement.
EMPLOYMENT CONTRACT TERMINATION
Validity of a dismissal for professional incompetence pronounced after a refusal of downgrading.
PROFESSIONAL ALERT
Strengthening of the protection of whistleblowers.
HEALTH AT WORK
Publication of the decree relating to the new single document on risk assessment.
Newsletter No. 158 - February 2022
Summary
REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS)
Consequences on the RTTs[1] of the cancellation of the forfait-jours agreement.
WORKING TIME
Right to compensation in the event of the maximum working time being exceeded.
DISCIPLINARY LAW
Can an annual interview report containing reproaches constitute a disciplinary sanction?
EMPLOYMENT CONTRACT
Rest periods
CONTRACTUAL MINIMUM
Details on the taking into account of the thirteenth month in the assessment of the contractual minimum.
IMAGE RIGHTS
Details concerning the infringement of image rights.
Newsletter No. 157 - January 2022
Summary
CSE (Social and Economic Committee)
Possible consultation of the CSE about a plan to dismiss one of its members in companies with less than 50 employees.
MATERNITY
Details on the period of absolute protection against dismissal.
REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS)
Details on the consequences of non-performance of the conventional guarantees.
COMPANY AGREEMENT
Disputes regarding the validation by referendum of a minority agreement.
PROFESSIONAL INTERVIEWS
Publication of the decree on the sanctions related to the non-carrying out of summary professional interviews.
COVID-19
Telework.
COVID-19
Law relating to the vaccination pass and the administrative fine for dangerous situations.