Log Book
Newsletter No. 150 - June 2021
Summary
PRIVATE LIFE
Video surveillance system.
DISCIPLINE
Request for disciplinary action during a professional interview.
SOCIAL AND ECONOMIC COMMITTEE (CSE)
Determination of the number of distinct establishments.
DISCIPLINE
Starting point of the period for adopting a new sanction.
SETTLEMENT AGREEMENT
Validity of a settlement agreement concluded after a mutually agreed termination.
UNFITNESS
The starting point of the fifteen-day period for contesting the opinion of unfitness.
COVID-19
Fight against Covid-19.
COVID-19
Professional interview.
Newsletter No. 149 - May 2021
Summary
DISCIPLINE
Conditions for invoking a code of ethics.
PROFESSIONAL ELECTIONS
Clarification relating to electoral litigation.
EMPLOYMENT CONTRACT TERMINATION
Reminder regarding the amount of compensation paid as part of a mutually agreed termination.
UNFITNESS
Clarification relating to the resumption of salary payments.
EQUAL TREATMENT
Applicability of the principle in connection with a settlement agreement.
STAFF REPRESENTATIVES
Annulment of the texts relating to the adjustment of consultation periods during the pandemic.
COVID-19
Procedure for recognizing the Coronavirus as occupational disease.
PATERNITY LEAVE
Extension of and obligation to take part of the leave.
Newsletter No. 148 - April 2021
Summary
TELEWORKING
Clarification relating to the remuneration of a teleworking employee.
DISCRIMINATION
Absence of a neutrality clause in the internal rules.
VARIABLE REMUNERATION
Modification of the objectives.
COVID 19
Days of rest imposed by an employer.
SOCIAL AND ECONOMIC COMMITTEE[2]
The CSE has no legal representative.
Newsletter No. 147 - March 2021
Summary
TELEWORKING
Clarification relating to the remuneration of a teleworking employee.
STAFF REPRESENTATIVES
Time-off rights and activity exemption.
STAFF REPRESENTATIVES
Clarification concerning litigation relating to the perimeter of distinct establishments.
WORKING TIME
Position of the CJEU concerning on-call duty.
HARASSMENT
Admissibility of an internal investigation report.
UNFITNESS
Impact of a modification of an employment contract on the occupational doctor’s opinion of unfitness.
Newsletter No. 146 - February 2021
Summary
OCCUPATIONAL ACCIDENTS
An employee’s depression following an altercation he has himself caused is an occupational accident.
NULL AND VOID DISMISSAL
Reinstatement of an employee having found a new position.
NULL AND VOID DISMISSAL
No reinstatement in case of a request for judicial termination and for nullity of a dismissal in a same instance.
PERSONNEL REPRESENTATIVES
Conditions justifying a request for an expert’s assessment for serious risk.
PARTIAL ACTIVITY
Extension of the partial activity measures and adjustment of the ratio variation.
Newsletter No. 145 - January 2021
Summary
MUTUALLY AGREED TERMINATION
Impact of the existence of a PSE[1] on the validity of a mutually agreed termination.
WORKING TIME
Details relating to the consequences of a flat-rate pay agreement deprived of any effect.
STAFF REPRESENTATIVES
Details as to the use of electronic voting.
COLLECTIVE AGREEMENT
Impact of the adaptation of the effects of the annulment of a clause on litigation which has already started.
EMPLOYMENT CONTRACT TERMINATION
Powers of the judge regarding settlement.
WORKING TIME
Clarification relating to the proof of extra hours.
COVID-19
Exemption measures applicable to occupational medicine.
Newsletter No. 144 - December 2020
Summary
EMPLOYMENT CONTRACT TERMINATION
Dismissal and employees’ private life.
DISCIPLINARY DISMISSAL
Compensation in case of vexatious conditions and validation of the dismissal.
CHANGE OF EMPLOYER
Clarification relating to a transfer by way of an agreement.
FUNDAMENTAL FREEDOMS
Right to evidence and respect of personal data.
DISMISSAL ON ECONOMIC GROUNDS
Consequences of a refusal to apply a mobility agreement.
COVID 19
Renewal of certain transitional labor law measures.
Newsletter No. 143 - November 2020
Summary
PROTECTED EMPLOYEES
Sanction in case of an illegal decision from the labor inspectorate.
STAFF REPRESENTATIVES
Clarifications as to the appointment of the representative of a union local branch.
WHISTLE-BLOWER
Clarification about the protection benefitting a whistle-blower employee.
EQUAL TREATMENT
A collective agreement may reserve certain rights for women.
STAFF REPRESENTATIVES
Clarification as to the sanction in case of a refusal to hold elections for staff representatives.
EMPLOYMENT CONTRACT TERMINATION
Consequence of a dismissal concomitant of an employee’s legal action.
COVID-19
Extension of the state of health emergency.