CategoryNewsletters
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.
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.