Spousal violence, what solutions in 2019?The Grenelle on domestic violence opened on Tuesday, September 3 and will run until November 25. This major meeting will highlight all the protagonists deemed useful in trying to reverse the sad reality of these thousands of abused women. In France, 100 women have been killed by their husbands since 1 January 2019.
However, there are solutions. The main problem is to apply these solutions. For example, the violent spouse should be isolated from the conjugal home and not asked to leave the victim's home. This measure is already provided for by law but is rarely applied by the courts. It must be understood that victims of domestic violence are fragile people under the control of their spouses who terrorize them. It is therefore not easy for them to know the applicable laws if no one informs them.
Victims must be aware that at the first violence, they must go to a doctor who will verify either the physical or moral violence and then, with the doctor's certificate, they must go to the police station or the gendarmerie to file a complaint. Do not leave a simple handrail that has no effect. The handrail is only used to record and date a situation but does not trigger any procedure.
Even if the gendarmerie officer or police officer directs you to a handrail, you must refuse and file a complaint. Only in this case will it be automatically transmitted to the Public Prosecutor and will have effect.
You can also contact our law firm for guidance.
The latest developments in the reform of unemployment insuranceThe government's watchword is to tighten compensation conditions to encourage a quick return to employment and also to punish companies that are on short-term contracts. Thus, the government intends to save around 3 billion euros and provide employment for more than 250,000 people. - Conditions for access to unemployment insurance: the project provides that you must have contributed at least 6 months over the previous 2 years (compared to 4 months over 2 years and 4 months currently) and you must have worked at least 6 months (compared to 1 month currently) to extend your benefit period accordingly. - Short contracts are in the viewfinder. To limit them, the government wants to set up a bonus/malus system for companies that abuse them, such as in the restaurant or hotel sectors. Sanctions will be put in place to prevent their use. - Jobseeking executives will have their compensation reduced by 30% from the 7th month of compensation (except for people over 57 years of age and those whose income was less than 4,500 euros). Surprising given that it is precisely the executives who contribute the most to unemployment insurance! This reform is currently only at the draft stage, to be followed.....
Barrier-free tolls arrive in FranceIn recent days, new motorway toll systems have been tested in France. In concrete terms, cameras will be installed above certain motorway crossing points instead of the current counters and barriers.
Vehicle plates will be registered and the cost of the toll will be due as before except that the payment terms will be multiple:
- you can purchase a subscription badge to be affixed to the windshield in advance, the amount due will then be automatically debited from your bank account,
- you will be able to pay the amount due online on a dedicated website,
- you can pay in cash at a partner merchant (gas stations, post offices.....), - you can pay at the terminals provided for this purpose near the motorway gates. They will certainly be installed in nearby areas.
Whatever your choice, you will have 10 days to pay the amount due (except in the case of instant withdrawal).
If you fail to pay it will cost you 20 euros in penalty in addition to the amount to be paid initially.
These new installations will necessarily have a cost for the user, but the main advantage will undoubtedly be the fluidity of the motorway network.
The dangers of using Roundup weedkiller, Bayer found guilty of negligence by American judgesFor several years now, controversies have been emerging over the effects of weedkillers, particularly Roundup, which is well known by farmers and Sunday gardeners alike.
The increasing number of trials are aimed at demonstrating the dangerousness of glyphosate contained in large quantities in these products in particular.
In the United States, the judges did not hesitate to strongly condemn the company Mossanto, owned by the giant Bayer since June 2018. Last March, a man received no less than $81 million. The Californian judges ruled in favour of this plaintiff who demonstrated that he had developed blood cancer because of the repeated use of the weedkiller in his garden for more than 20 years.
Bayer appealed this decision, but this is not the first time that the American judges have recognized this responsibility on the part of this manufacturer.
A US court has just ordered Mossanto, in 2019, to pay 2 billion euros in damages. The company obviously appealed against this very severe sentence.
In France, in 2018, two parents assigned the same company to have its responsibility recognized for the malformations suffered by their son, now 11 years old. Since his birth he had to be operated on because of various malformations including the oesophagus. Since his birth he will have had more than fifty surgeries and his life is very complicated. Her mother used the famous weed killer at the very beginning of her pregnancy (when she didn't know it), which would have caused the malformations on the fetus.
Emmanuel Macron has undertaken to make glyphosate disappear in France by 2021, a challenge that specialists believe is difficult to meet, particularly in the field of agriculture, which uses this product on a massive scale. Let us hope that healthier alternatives will be found soon.
To be continued.......
The application of the recent scale of compensation for unfair dismissal by the labour courtsThe principle: The new article L1235-3 of the Labour Code, based on the Macron Ordinance of 22 September 2017, introduces a scale concerning the compensation due by the employer in the event of dismissal without real and serious cause. From now on, the maximum the employee will be able to receive is 20 months' salary for at least 30 years' seniority.
In practice: On the one hand, the Troyes Labour Court ruled on 13 December last year (Cons. Prud'h. Troyes 13-12-2018 No. 18/00036) that this scale was not in conformity with the European Social Charter and the ILO Convention to prevent its application. On the one hand, he argues that this scale does not deter employers who wish to get rid of a cumbersome employee.
On the other hand, it globalizes the situation of dismissed employees without any real and serious reason and does not make it possible to compensate fairly for the damage suffered individually.
The Troyes Labour Court therefore awarded compensation of 9 months' salary, whereas the application of the scale would have allowed her to obtain 3 months' salary given her low seniority. Amiens and Lyon followed the reasoning of the Troyes Labour Court in its decisions of 19 and 21 December 2018.
However, in September 2018, the Le Mans Labour Court ruled that this scale could be applied unless "in the event of a particularly serious breach by the employer" (Cons. prud'h. Le Mans 26-9-2018 n° 17/00538). A real legal uncertainty has arisen for employers, while the purpose of these orders was to facilitate the fluidity of the labour market.
To be continued.......