A record of overtime worked must be written over time

Labour law

Estimated reading time (in minutes) The production by the employee of a statement written in an identical manner in their presentation and with the same pen for 4 years, is not admissible proof. A dismissed employee demanded payment from his former employer for the...

Clarifications on the employee’s obligation of loyalty

Labour law

Estimated reading time (in minutes) In the case of an employee on sick leave refusing future working conditions, the Court of Cassation judges that he is not breaching the obligation of  loyalty . Employee refusal of working conditions: – The situation revolves around...

Power of control and supervision of the employer

Labour law, Non classifié(e)

Estimated reading time (in minutes) In the workplace, employers have the power to control and monitor the activities of their staff during working hours. However, it is crucial that employers adhere to certain principles to  ensure  fairness in their monitoring...

Void dismissal: what consequences?

Labour law

Estimated reading time (in minutes) Void layoffs In a recent court case, the issue of an employee whose termination was declared void and seeking reinstatement raised questions regarding entitlement to severance pay. The case concerned an employee who, following an...

Obligation to reclassify an employee declared unfit

Labour law

Estimated reading time (in minutes) The obligation for the employer to seek the reclassification of an employee declared unfit cannot be limited to a search carried out after the first  medical examination  . Employer’s obligation to redeploy: beyond the first...

Economic dismissal: membership of a CRP

Labour law

Estimated reading time (in minutes) In the context of an economic dismissal , an employee has signed up to a CRP which was offered to him during the preliminary interview , and his dismissal is notified to him the next day. For the Court of Cassation, confirming the...