CategoryNewsletters
Newsletter No. 92 – August 2016
Summary
Secondment
conditions of electronic transmission of secondment declarations and certificates.
Procedure
clarification on the new conditions of representation before the courts of appeal in labour disputes.
Job Act
validation of the main provisions by the Constitutional Court.
Job Act
publication of the law relating to employment, modernization of the social dialogue and securization of career paths, called “Job Act”.
Employment
incentive for the research of the first job.
Training
individual training entitlement and dismissal for wilful misconduct.
Newsletter No. 91 – July 2016
Summary
Dismissal
nullity of the dismissal of the whistleblower.
Dismissal
consequences of an irregular procedure.
Fixed-term employment contract
form of the hiring promise.
Hygiene and Security Committee
attributions with respect to collective dismissal on an economic ground.
Co-employment
confirmation of the restrictive definition of such concept.
Collective relationships
clarification relating to the definition of strike.
Procedure
appeal in labour law proceedings remains free.
Staff representative bodies
methods of consultation in companies of 50 employees and more.
Social security contributions
reinforcement of the rights of the contributors.
Procedure
arrangement of the new status of the trade defensor in labour law proceedings.
Newsletter No. 90 – June 2016
Summary
Employment contract
consequences of the absence of a financial consideration in a non-compete provision.
Harrassment
additional clarification on the assessment of the facts by the judges ruling on the merits.
Employment contract
consequences of refusal by an employee of an amendment to their employment contract as part of a transfer.
Harassment
new possibility for the employer to be discharged from their liability.
Termination of employment contract
independence of the termination of the employment contract in the framework of a tripartite transfer agreement.
Economic dismissal
procedure relating to redeployment.
Employment contract
strict assessment of the obligation to hand over the fixed-term employment contract within two days.
Non-discrimination
creation of a new criterion to fight against discrimination.
Newsletter No.89 – May 2016
Summary
Termination of employment contracts
consequences of the absence of redeployment offers to employees who have accepted voluntary departures within the framework of a social plan without any commitment from the employer not to proceed with any dismissal.
Termination of employment contracts
clarification on the scope of the obligation to state the economic grounds in the dismissal letter.
Staff representative bodies
sanctions of the failure to set up staff representative bodies.
Professional elections
consequences of the cancellation of the elections on the appointments made by trade unions.
Recharacterization of fixed-term contracts into an indefinite-term contract
starting point of the length of service in case of several discontinuing fixed-term contracts.
Labour court procedure
publication of a decree implementing the reform started by the Macron law of 6 August 2015.
Newsletter No. 88 – April 2016
Summary
Remuneration
consequences of late payment of the salary.
Remuneration
consequences of late delivery of the payslips.
Termination of the employment contract
inadmissibility of the claim for constructive dismissal based on old facts.
Termination of the employment contract
absence of grounds in the letter inviting the employee to the pre-dismissal meeting.
Hygiene and security
consequences of the occupational doctor’s notice of fitness subject to modification of the position.
Professional elections
clarification relating to the consequences of the cancellation of elections.
Labour courts
modalities of the appointment of the labour court judges.
Staff representative bodies
modalities concerning the unfolding of the meetings.
Labour inspectorate
reform of the control of the application of labour law.
Newsletter No. 87 – March 2016
Summary
Hygiene and security
sanction of the failure to comply with the recommendations of the occupation doctor.
Casual work contract (“intermittent”)
conditions for the recharacterization into a full-time employment contract.
Unfitness
new clarification relating to the dismissal process.
Protected employee
clarification relating to the dismissal procedure due to illness-related repeated or extended absences.
Hygiene and Security Committee
effects of the partial repeal of Article L. 4614-13 of the Labour Code.
Dismissal
repeal of the deprival of the paid leave indemnity in case of a willful misconduct.
Staff representatives
composition and conditions of operation of the new common body (“instance commune”).
Staff representatives
composition and conditions of operation of the new unique staff representation (“délégation unique du personnel”).
Newsletter No. 86 – February 2016
Summary
Employment contract
consequence of a modification imposed by a collective bargaining agreement.
Privacy
treatment of emails from personal mailbox submitted before the court.
Trade unions
details on the trade unions’ standing in court.
Hygiene and Safety Committee
time bar of a claim to challenge an expertise.
Dismissal
sanction of the dismissal of a sick employee.
Staff representatives
details on the scope of the right of alert.
Disabled Workers
new modalities to fulfil the employment obligation.
Social contributions
collection settlement procedure.
Employers’ representatives
validity of the audience criterion to measure representativeness.
Newsletter No. 85 – January 2016
Summary
Termination of employment contract
details concerning approval of the mutually agreed termination.
Hygiene and security
criminal liability of the employer failing any hiring medical examination.
Staff representatives
sanction of a misconduct during the term of office.
Voluntary departures scheme
consequences of an unjustified refusal of application.
Private life
an employer can monitor his employees’ Internet communications.
Secondment
reinforcement of the obligations of the client and the contractor.
Small and medium-size companies
creation of a hiring incentive.
Additional social coverage
details on the mandatory additional health insurance.
Newsletter No. 84 – December 2015
Summary
Mandatory medical check-ups
difficulties with occupational medicine are not an acceptable justification for employers’ own failures.
Discipline
photocopying one’s payslips may be deemed to be a breach of property rights.
Co-employment
no co-employment if there is not commingling of interests, activities and management.
Staff representatives
a notice to attend sent out electronically to the members of the Company Health and Safety Committee is valid.
Secondment
suspension of international provision of services in the event of fraud.
Social security decision
a simplified and extended procedure.
Redeployment abroad
simplified procedure for companies.
Newsletter No. 83 – November 2015
Summary
Health and safety
absolute contractual obligation to provide a safe work environment and prevention measures.
Termination of employment contract
dispute concerning mobility leave.
Discipline
definition of wilful misconduct (“faute lourde”).
Discipline
clarification of the non bis in idem principle.
Staff representatives
scope of the works council’s entitlement to act.
Working time
restrictions on the use of hours-per-week all-inclusive agreements.
Staff representatives
scope of the Health, Safety and Working Conditions Committee’s entitlement to act.
Optional defined benefits pension scheme
suppression of the additional employer contribution.