CategoryNewsletters

OBLIGATION OF REDEPLOYMENT

Burden of proof regarding the scope of redeployment within a group

DISCRIMINATION AND BURDEN OF PROOF

The employee must provide evidence suggesting discrimination; the employer must then prove the absence of discrimination

TERMINATION OF EMPLOYMENT CONTRACT AND LIMITATION PERIOD

Failure to sign the account settlement does not trigger the limitation period

REMUNERATION

An employee on partial activity receives an hourly remuneration during public holidays

EMPLOYMENT OF OLDER EMPLOYEES

A national cross-industry agreement introduces new provisions for the employment of “experienced employees”

EXECUTIVE MANAGER

To classify an employee as an executive manager, it is necessary to assess their actual involvement in the management of the company

RESIGNATION

For a resignation to be valid, it must not be ambiguous

SETTLEMENT AGREEMENT

The conclusion of a settlement agreement bars the right for the parties to take further legal action

MATERNITY LEAVE

Working during maternity leave or sick leave entitles an employee to damages, but not to back pay.

SABBATICAL LEAVE

In the absence of a response from the employer, a sabbatical leave, even if requested late, is considered granted.

DATA PROTECTION

To prove union-based discrimination, the production of other employees’ pay slips is permitted, provided it complies with GDPR provisions.

REST PERIODS

The inability to contact an employee during their rest days cannot be considered misconduct justifying a disciplinary sanction.

ELECTIONS AND FRAUD

In the event of fraud, a professional election is not canceled if said fraud had no impact on the result.

WORK ACCIDENTS

Leaving a preliminary meeting in tears is not enough to characterize a work accident.

REDEPLOYMENT OF AN UNFIT EMPLOYEE

TELEWORK

Teleworking from abroad without authorization may constitute serious misconduct.

UNFITNESS FOR WORK

The redeployment proposal in accordance with the recommendations of the occupational doctor is presumed to be fair.

CSE (SOCIAL AND ECONOMIC COMMITTEE) EXPERTISE

A court of justice may rule that the expert report requested by the CSE is abusive.

PERSONAL DISMISSAL

An employee cannot be dismissed for serious misconduct due to acts attributable to her partner.

MATERNITY LEAVE

An employer’s failure to comply with the obligation not to make an employee work during her maternity leave automatically entitles the employee to compensation.

BREAK TIME

The mere finding of non-compliance with daily break times automatically entitles the employee to compensation.

STAFF REPRESENTATIVES

The absence of exceptional circumstances justifying the completion of additional delegation hours justifies a proportional deduction from salary.

REDEPLOYMENT OF AN EMPLOYEE DECLARED FIT FOR PART-TIME WORK

An employee who refuses a modification of their employment contract following the opinion of the occupational doctor is entitled to the maintenance of their salary.

TRIAL PERIOD OF PERMANENT CONTRACT

The duration of fixed-term contracts, even discontinuous ones, is deducted from the potential trial period of the permanent contract following them.

ECONOMIC DISMISSAL

Employees dismissed within 30 days preceding the first meeting for the implementation of the Employment safeguard scheme (PSE) may request payment of the supra-legal compensation provided for by the PSE.

DISCIPLINARY AUTHORITY OF THE EMPLOYER

A human resources director of a branch does not have the authority to sanction their hierarchical superior.

HARASSMENT AND INTERNAL INVESTIGATION

The implementation of an internal investigation is not mandatory in the event of harassment allegations.

EMPLOYER’S FOLLOW-UP EXAMINATION

Clarifications on the terms of the follow-up examination.

LIMITATION PERIOD

The employee’s action for failure to join the employee benefit scheme is subject to a five-year limitation period.

RIGHT TO PROOF

Refusal to communicate an internal investigation report.

COMPANY VALUATION SHARING PLAN (PPVE)

Setting the terms for implementing the PPVE by decrees of June 29 and 5 July 2024.

CSE EXPERTISE

The CSE expert does not need the employer’s consent to interview employees.

OBLIGATION OF LOYALTY

The liaison between a staff representative and the HR manager constitutes a breach of the obligation of loyalty justifying the dismissal of the latter.

MODIFICATION OF EMPLOYMENT CONTRACT

An employee responsible for a child with a disability can legitimately refuse a change in working hours.

EVIDENCE AND ACCIDENT AT WORK

An unfair recording can be considered admissible to allow an employee to establish a work accident and an inexcusable fault.

MUTUALLY AGREED TERMINATION

The intentional concealment by the employee of information critical to the employer’s consent results in the nullity of the mutually agreed termination for lack of consent.

ECONOMIC DISMISSAL

The fault of the employer at the origin of the economic difficulties deprives the dismissal of a real and serious cause.

SEVERANCE PAY

Therapeutic part-time work must be neutralized for the calculation of severance pay.

REMUNERATION BASED ON THE NUMBER OF DAYS WORKED (FORFAIT-JOURS) AND SYNTEC

Extension of the amendment of 13 December 2022

SUBSTITUTION AGREEMENT

A substitution agreement may be applied retroactively, as long as it does not deprive the employee of their legal rights.

DISCIPLINARY PROCEDURE

When statutory or conventional rules provide for it, referring a case to a Disciplinary Council interrupts the one-month period for notifying the disciplinary sanction.

WORK ACCIDENTS

The death of an employee at home due to a heart attack occurring during telework hours constitutes a work accident.

PROOF OF DISCRIMINATION

The material impossibility for an employer to take into account the disabled worker status of an employee and to offer the necessary accommodations does not, in itself, constitute discrimination.

LEAVE FROM WORK

Engaging in sports activities during a leave from work, without express and prior authorization, results in the loss of daily allowances.

RIGHT OF WITHDRAWAL

The employer may make a salary deduction, if they consider the exercise of the right of withdrawal to be abusive.

UNFITNESS FOR WORK

The limitation period for the action for payment of salaries runs from the date each salary claim becomes due.

PAID LEAVE AND SICK LEAVE

The new legal provisions concerning the acquisition of paid leave during sick leave came into force on 24 April 2024.

DISMISSAL OF A PROTECTED EMPLOYEE

The request for authorization to dismiss a protected employee, filed by a person not authorized to act on behalf of the employer, may be rectified before the labor inspectorate reaches a decision.

DISMISSAL DUE TO ECONOMIC REASONS

The elements for assessing the dismissal order criteria may vary depending on the professional categories.

CSE AND SOCIAL AND CULTURAL ACTIVITIES (ASCs)

A seniority criterion in the allocation of the ASCs of the CSE is illegal.

VERBAL DISMISSAL

The dismissal announced verbally to the employee before the sending of the notification is deprived of real and serious cause.

SUNDAY WORK AND OLYMPIC GAMES

Exemption from Sunday rest is subject to the voluntary agreement of the employee, under penalty of a minor offense.

UNILATERAL COMMITMENT

Contrary to a company practice, a unilateral commitment that has been renewed does not require termination or notice.

PAYSLIPS AND PRIVACY

Publishing a union delegate’s pay slip in a union leaflet violates their privacy.

COLLECTIVE AGREEMENT AND ECONOMIC SOCIAL UNITS (UES)

An agreement amending the scope of a UES is not an inter-company agreement.

DISMISSAL OF AN EXPATRIATE EMPLOYEE

The sums owed to an expatriate employee, whose dismissal had been without real and serious cause, must be calculated with reference to the salaries received by the employee in their last position.

MUTUALLY AGREED TERMINATION

The signing of a mutually agreed termination agreement on the same day as the meeting does not result in the agreement being null and void.

LIMITATION PERIOD

The limitation period applicable to a claim depends on its nature.

SEXUAL HARASSMENT

The sexual behavior of an employee who has had an impeccable career makes it impossible for them to remain in the company.

TERMINATION AND EMPLOYEES’ PRIVATE LIFE

A reason taken from an employee’s personal life cannot in principle justify disciplinary dismissal.

TERMINATION FOR UNFITNESS

An employer may dismiss an employee declared unfit if they justify the latter’s refusal of a position in line with the recommendations of the occupational doctor.

JUDICIAL TERMINATION

In cases of judicial termination, the burden of proof regarding compliance with safety obligations falls on the employer.

PAID LEAVE

Compliance with the Constitution of legal provisions regarding entitlement to paid leave during sick leave.

FAIRNESS OF THE PROOF

Admissibility of video surveillance to ensure the exercise of the employer’s right to proof.

EMPLOYEE IMAGE

The employee’s image cannot be used by the employer for commercial purposes without obtaining prior consent.

TERMINATION WITHOUT REAL AND SERIOUS CAUSE

The Court of Appeal of Grenoble continues to resist and once again rejects the Macron scale.

OVERTIME

Proof of overtime can be provided by any means.

DISCIPLINARY LAW

No prior sanction occurring more than three years before the initiation of disciplinary proceedings can be invoked in support of a new sanction.

WORKING HOURS

Failure to comply with the maximum working hours necessarily causes harm to the employee.