Log Book
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.
Newsletter No. 140 - August 2020
Summary
DISCIPLINARY DISMISSAL
Theft committed outside the working hours.
WHISTLE-BLOWER
When is a whistle-blower acting in bad faith?
POSTING
Since 30 July 2020, the provisions of the Labor code apply to employees who have been posted outside of France for more than twelve months.
PROCEDURE
Extension of the labor courts’ jurisdiction at last instance.
EMPLOYMENT SUBSIDY
Exceptional subsidy on hiring a youth under the age of 26.
EMPLOYMENT SUBSIDY
Exceptional subsidy on granting work-study contracts.
COVID-19
New health protocol for September 2020.
Newsletter No. 139 - July 2020
Summary
STAFF REPRESENTATIVES
Assessment of how distinct establishments are determined for the setting up of the CSE.
HEALTH AND SAFETY
Clarification as to the limitation period of the prejudice of anxiety.
LEAVES
Clarification as to the rules setting the order of annual leaves.
COVID-19
Health crisis and paid leave.
ECONOMIC REDUNDANCY
Redundancy challenged in case of a company’s cessation of business.
COVID-19
Law organizing the end of the state of health emergency.
Newsletter No. 138 - June 2020
Summary
PROCEDURE
Jurisdiction over risk assessment and prevention measures in relation with an employment safeguard scheme (PSE).
COVID-19
Scope of the professional organizations’ good practice guides.
ILLNESS
Impact of a non-authorized sport practice on the payment of the social security daily allowances (IJSSs).
FIXED-TERM EMPLOYMENT CONTRACT
Admissibility of an early termination at the employer’s expense.
EMPLOYEE SAVINGS
New case of early release.
COVID-19
Publication of a new health emergency law.
PARTIAL UNEMPLOYMENT
Modification of the features of the regime.
Newsletter No. 137 - May 2020
Summary
STAFF REPRESENTATIVES
Modification of the periods of information and consultation of the CSE during the state of health emergency.
PARTIAL ACTIVITY
Modification of the calculation rules of the partial activity compensation for certain categories of employees.
PARTIAL ACTIVITY
Publication of the vulnerability criteria justifying the switching to partial activity.
UNIONS
Validation of the financial transparency requirement.
CORONAVIRUS
Extension of the state of health emergency.
OCCUPATIONAL MEDECINE
Temporary conditions for leave prescription and renewal.
TRAVEL ALLOWANCES
Determination of the conditions of application of the “sustainable mobility package”.
Newsletter No. 136 - April 2020
Summary
HEALTH AND SAFETY
Importance of the single document on risk assessment in the face of the Coronavirus breakout.
UNEMPLOYMENT
Extension of certain rights with respect to the state of health emergency.
PARTIAL ACTIVITY
Extension of the exceptional measures to certain employees.
PROCEDURE
Departure from the principle of period suspension during the health emergency state period.
PARENTAL LEAVE
Relaxation of the use of the leave for parental presence and of the daily parental presence allowance.
Coronavirus Special Issue
Summary
HOW LABOR LAW IS DEALING WITH THE COVID-19 OUTBREAK
On 16 March 2020, the French President declared that France was “at war” against the Covid-19.
1. THE « BASE » TEXT
The emergency law No. 2020-290 of 23 March 2020 to cope with the covid-19 outbreak has declared the state of health emergency for a two-month period from its publication (on 24 March 2020) and enables the Government to take, by way of orders, within three months from the publication of the law, emergency measures, notably in matters of labor law, in the following areas:
2. THE ORDERS
To this day, several orders and a decree have already been published on the following subjects:
3. INFORMATION GIVEN BY THE MINISTRY OF EMPLOYMENT
In this time of health emergency, questions are being asked as to the health situation and the remedies to resort to and as to the measures employers are to implement.