Log Book
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.
Newsletter No. 142 - October 2020
Summary
DISMISSAL ON PERSONAL GROUNDS
Limits to a father’s protection against dismissal after birth.
DISMISSAL FOR UNFITNESS
Failure to consult the CSE in case of dismissal for unfitness with a non-occupational origin.
MUTUALLY AGREED TERMINATION
Impact of the non-delivery of a copy of the agreement to the employee.
NON-COMPETE CLAUSE
Formality of the waiver of the non-compete clause.
DUTY OF LOYALTY
Creation of a competing company.
COVID-19
New general measures in relation with the health emergency.
Newsletter No. 141 - September 2020
Summary
EMPLOYMENT CONTRACT
Statute of limitations applicable to an action aiming at converting a part-time employment contract.
DISCIPLINARY DISMISSAL
Court’s discretion regarding misconduct.
PROFESSIONAL ELECTIONS
Clarifications as to the employer’s obligation to provide information to unions.
HARASSMENT
Impact of an employee’s bad faith.