Log Book
Newsletter No. 125 - May 2019
Summary
Unfitness for work
validity of the mutually agreed termination entered into following an occupational accident.
Protected employee
consequences of the annulment of an authorization to mutually agree to terminate an employment contract.
Apprenticeship
consequences of medical unfitness for work.
Employee representative bodies
consequences of an irregular deficiency regarding an employee’s individual situation.
Employment contract termination
clarification relating to project completion.
Working time
details on control obligations.
Criminal procedure
nature of the labor inspector’s visit.
Professional equality
conditions for sanctioning companies.
Social policy
entry into force of the PACTE law.
Newsletter No. 124 - April 2019
Summary
Equal treatment
no generalization of the presumption of justification of the differences in treatment by collective agreement.
Employment contract termination
no formal notice prior to taking note of the termination.
Health
extension of the prejudice of anxiety related to asbestos.
Staff representatives
obligation to negotiate as regards the determination of the establishments that are distinct from the CSE.
Employment contract termination
determination of the procedure allowing Pôle Emploi to recover unemployment benefits by writ of execution.
Working hours
adoption by the European Parliament, on 4 April 2019, of the directive concerning parents’ and caregivers’ work-life balance.
Whistle-blower
adoption by the European parliament, on 16 April 2019, of the directive relating to the protection of persons who inform on offences against Union law.
Social policy
final adoption on 11 April 2019 of the draft PACTE law.
Personal data
guidelines regarding human resources.
Newsletter No. 123 - March 2019
Summary
Transfer of the employment contract
refusal to communicate a QPC concerning the position of the Cour de cassation on the contractual transfer of an employment contract.
URSSAF inspection
details on the verification procedure based on sampling and extrapolation.
Transfer of the employment contract
fate of the certificate of deficiency drawn up by the divested company.
Incentive payment
value of a reference made to a collective agreement in an employment contract.
Employee benefits
consequence of the absence of information towards employees of the modification of the funding allocation.
Termination of the employment contract
validity of the RCC based on economic reasons.
Litigation
promulgation of the Justice reform.
Leave for parental presence
relaxation of the conditions for access.
Newsletter No. 122 - February 2019
Summary
Procedure
the application of the compensation schedule dismissed by a professional magistrate.
Discrimination
extending the scope of the performance safety obligation.
Unions
conventionality of the provisions relating to the obligation of parity on electoral lists.
Dismissal
details on the dismissal of an employee on sick leave.
Freedom of expression
union militancy is no justification for abuse.
Discipline
details on the application of the principle Non bis in idem.
Economic redundancy
consequence of the absence of consultation of the CHSCT on the validity of the PSE.
Brexit
publication of the first orders.
Posting
transposition of the European directive of 28 June 2018.
Newsletter No. 121 - January 2019
Summary
Digital platforms
conversion into employment contract for drivers of passenger vehicles (VTC).
Mutually agreed termination
consequences of the existence of a context of moral harassment on the validity of the contract.
Company car
reporting of traffic regulations offences.
Incapacity
consequences of the occupational doctor’s refusal to give an opinion on the redeployment job.
Disciplinary dismissal
importance of the time elapsing between a disciplinary suspension of the employment contract and the beginning of the procedure.
Social contributions
details on the reduction rate of extra hours contributions.
Brexit
government authorized to issue orders on the subject.
Newsletter No. 120 - December 2018
Summary
Digital platforms
conversion into an employment contract for delivery persons riding bicycles.
Compensation scale
first decision of non-conventionality given by a labor court.
Distinct establishment
assessment in relation to the setting up of a Social and Economic Committee (CSE) within an establishment.
Role of the subsidiary’s works council
consultation obligation regarding the parent company’s projects.
Protected employees’ dismissal
scope of the protection in the absence of reintegration.
« Yellow vests »
setting up of the measures announced by the French president.
Social rescript
new measures for implementation.
RGPD
adaptation of the 1978 law on information technology and individual freedom.
