Work

AVOCAT NICE - EMPLOYMENT LAW THE TELEWORKER'S ACCIDENT AT WORK In a ruling handed down on September 02, 2024 (no. 23/00964), the Amiens Court of Appeal was called upon to rule on the question of the classification of accidents at work in the context of teleworking....

Cass. Soc. 3 July 2024, no. 23-14.227 Is an employee entitled to challenge the occupational physician's opinion that the employee is unfit for work, which exempts the employer from any obligation to redeploy the employee? This is the question that the Social Division...

Can an employee obtain the requalification of his dismissal as a dismissal without real and serious cause when he has been dismissed for wrongful refusal to be reclassified, even though the occupational physician had waived the employer’s obligation to reclassify him?

Cass. soc. 29 May 2024, no. 22-19.313 Does a simple letter of reproach sent by an employer to an employee constitute a disciplinary sanction? This was the question the Social Division of the Court of Cassation had to answer in a ruling dated 29 May 2024 (no....

Nice labour law lawyer - Evidence in labour law. Cass. Ass. Plénière, 22 December 2023, no. 20-20.648 In a plenary assembly judgment of 22 December 2023 (no. 20-20.648), the Court of Cassation adopted a reversal of case law with regard to evidence in employment law....

Can an employee exercise his pension rights in order to avoid dismissal for gross misconduct? Cass. Soc. 20 March 2024, no. 22-20.880 This was the question the Court of Cassation had to answer in a ruling dated 20 March 2024 (Cass. Soc., 20 March 2024, no. 22-20.880)....

Labour law applicable to the maritime employment relationship According to article 8 of Regulation (EC) N° 593/2008 of the European Parliament and of the Council dated 17 June 2008 on the law applicable to contractual obligations :   « Article 8 Individual...

What is incapacity? Does the company have an obligation to find a job for an unfit employee ? What is the cost of dismissal for incapacity? What is incapacity? (Dismissal of an invalid employee) Incapacity is the physical or mental inability of the employee to perform...

This concerns all employees who have no longer had a job since November 1, 2017. An end of contract or termination date of October 31, 2017 must be taken into account. The date of termination must not be taken into account. registration with Pôle Emploi which has no...

The Gig Economy in a very hard-hitting judgment, the commercial chamber of the Court of Cassation reclassified on November 28, 2018 the relationship between a courier-delivery of meals and a digital platform as an employment contract. The court emphasized that the...

Legal Uncertainty  he ongoing legal debate highlights the complexity of balancing the rights of employees and the needs of employers in cases of unjust dismissal. Finding a fair and consistent approach that respects international labor standards while maintaining...

Overtime compensation In  the field of labor law, it is important to understand that the mere absence of the employer's consent to overtime does not exempt him from paying his employees for the overtime worked. To better understand this legal principle, it is...

It  is important to note that an employer cannot avoid paying overtime to its employees simply by refusing an explicit or implicit agreement for overtime. The simple absence of the employer's consent does not exempt him from his obligation to compensate the employees...

Emmanuel Macron's government is preparing to embark on a major project on pension reform , a very sensitive and complex subject in France. The proposed plan aims to introduce a point-based pension system, replacing the existing annuity system, with the aim of...

In today's tough job market, some people may be tempted to embellish their resumes or even fabricate diplomas in order to get a job. However, it is crucial to recognize the seriousness of such actions, as they can lead to serious consequences for both  employees and...

Labor reform Since September 22, 2017 , Emmanuel Macron has signed and published five ordinances reforming labor law, with the aim of strengthening social dialogue within companies and granting more freedom to stakeholders. This comprehensive reform includes 36...

Employer obligations Until January 1, 2017, employees using company-provided vehicles were exempt from deducting points for traffic violations. However, since January 1, employers are required to declare the identity of the driver within 45 days or face a fine of 750...

Industrial tribunal reform  In our previous news article, we discussed the contributions of the Macron law to the reform of the industrial tribunal procedure.  Now, we dig deeper into the reforms and their impact on labor dispute processing times  . Reform the Labor...

Industrial tribunal procedure the law of August 6, 2015 , in its social section, aims to speed up industrial tribunal justice. To do this, the prerogatives of the conciliation office, renamed the conciliation and orientation office for the occasion, are extended. In...

judgment of March 3, 2015 of the social chamber of the Court of Cassation no . 13-23.348 The importance of contract termination Please note that the signing of a contractual termination between the employee and the employer does not interrupt the two-month limitation...

Judgment of the social chamber of the Court of Cassation of January 28, 2015 n° 13-20.861 It is settled case law that the dismissal letter sets the limits of the dispute. This principle is all the more important in the presence of a dismissal for economic...

Judgment of the social chamber of the Court of Cassation of October 8, 2014 n° 13-11.789 By Maître Grégory DAMY and Steeve GRASSI Law firms in Nice. The decision of the occupational physician declaring the employee unfit is always a difficult decision to hear....

Qualification of notice The employee may take note of the termination of his employment contract due to his employer's breaches of his   essential obligations . Conditions for termination of the employment contract due to employer's breaches: – Depending on the...

  There is an observation that resurfaces constantly and tirelessly in our country: although no one is supposed to ignore the law, what no one ignores today is that the complexity and instability of labor legislation seem to have no limits. Complexity and Instability...

Compliance with legal obligations  The case mentioned concerns an employee who was hired under a fixed-term contract to replace an absent employee. The employee filed an appeal with the prud'hommes, seeking requalification as a  permanent contract  . Requalification...

Fixed Term Contract and Replacement of an Absent Employee In this case, an employee hired on a fixed-term contract (CDD) to replace an absent employee seized the industrial tribunal with a request for requalification as a permanent contract (CDI). It should be...

Respect for safety The  Court of Cassation, in its judgment of June 19, 2013, established that the repeated refusal of an employee to wear personal protective equipment (PPE) constitutes serious misconduct making it impossible for them to remain in the  company  ....

To understand the conditions surrounding an employer's access to employee  emails , the following sections provide an overview of  key aspects : Legal framework:- This section highlights the legal framework governing access to employee email. It covers the relevant...

The Court of Cassation recently reaffirmed that an employer cannot demand reimbursement of fines incurred by an employee for offenses committed with a company vehicle. In a judgment dated April 17, 2013, the court clarified the legal point of view on this  issue  ....

Court cases: Secularism and Religious Freedom, March 2013 In two judgments rendered on March 19, 2013 , the Court of Cassation has just ruled on the principle of secularism and on the conditions for exercising religious freedom at work. In both cases, it was an...

Conventional Termination Invalidated Conventional termination allows the employer and employee bound by a permanent contract (CDI) to mutually agree on the terms of termination of the employment contract that binds them. However, this mode of termination of the...

Obligation of the employer to reimburse the employee's public transport costs  An employer cannot refuse to partially reimburse an employee, on the grounds that he lives too far away, his public transport costs between his usual place of residence and his place of...

Overtime scheme A circular from the Social Security Department provides details on the overtime and additional hours scheme. In 2012, the amending finance law marked the end of the tax exemption system for overtime and additional hours. However, from 2020, this...

Monitoring of emails: The power of employers to control employees' emails has been discussed at length by the Court of Cassation, but its scope can be constrained by the internal regulations of a company, as confirmed by a judgment of June 26,  2012  . The scope of...

The option offered to the employee by the collective agreement to consult a joint committee, the referral of which suspends the employer's decision, constitutes for the latter a basic guarantee which obliges the employer to inform him of this option. Otherwise, the...

Assessment of savings schemes It reveals that 57.3% of employees in the non-agricultural market sector, or 8.8 million employees, have had access to at least one participation, incentive or employee savings plan .Unequal access to  employee savings  . Presentation of...

Equality at company level: The assessment of equal treatment regarding a specific benefit is determined at company level. In a case involving employees of a company within a group, they claimed the same benefit for the maintenance of their work clothes as employees of...

Communication at work Although the employee has the freedom of expression and the right to criticize within the framework of the company, there are limits that should not be exceeded  in terms of  content and form. Freedom of expression and criticism at work:- In a...

A ministerial circular Orientations & Contrôle has been published to give a complete overview of the methods of instruction and control of requests for authorization to terminate or transfer the employment contract of protected employees . The circular recognizes...

On July 11, 2012 , the Court of Cassation issued an important judgment outlining the legal implications of a job offer. According to the court, a simple offer of employment can impose obligations on the employer. This means that a written document detailing the...

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 overtime he had worked. He seized the...

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 an employee who was on sick leave...

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 illness, had been declared fit to...

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 medical examination: – In situations where...

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 decision of the trial judges, the...

Judicial review, having regard to the limitation to 60 years of the exercise of the profession of aircraft pilot, resulting from article L. 421-9 of the Civil Aviation Code, then in force, the Court of Cassation judged that this provision was not in accordance...

Compulsory vaccination The employee of a funeral director refused to be vaccinated against hepatitis B, a vaccination prescribed by the occupational physician, but also provided for by a ministerial decree and by the collective  agreement  . Compulsory vaccination and...

A trip abroad may be part of the employee's usual activity, and therefore does not fall under the implementation of a mobility clause. An employee of an international firm is dismissed for serious misconduct for refusing a trip abroad for a meeting. The employer...

If an employee can receive mail at their workplace , this mail is presumed to be of a professional nature, so that the employer is entitled to open them without the presence of the person concerned. But, as with the opening of computer files, with the only restriction...

A fixed-term contract cannot be concluded for the replacement of several employees. An employee hired on a fixed-term contract to replace an absent employee requested the reclassification of her contract as a permanent contract. Request rejected by the trial judges...

Refusal of authorization for dismissal: impact on the acknowledgment of receipt of termination of the contract Breach of contract: employee protection When an employee is protected by the administrative authority, the refusal of authorization to dismiss him does not...

The judge cannot rely on the status of part-time employee to decide that the latter must be dismissed in preference to a full-time employee. An employee employed as a part-time pharmacist was dismissed for economic reasons, while the pharmacy also employed a full-time...

Paid leave & sick leave When you have a long sick leave, then the question of paid leave arises... Indeed, what happens to it? Can we report them? Can I benefit from paid vacation pay?   Do we continue to acquire days? When the employee is on sick leave , the...

Tasks, bonuses, leave, working hours... The employee has several important clauses in his employment contract which he can and must have indicated.   Its function and details of the tasks It is in the employee's best interest to specify his position in his...

Permanent contract priority If you regularly work for a company on a fixed-term or temporary basis, are you given priority for permanent recruitment? Is the employer free to hire whoever he wants? No, there is no priority There is no  permanent hiring priority  ,...

Disciplinary sanctions and union delegates: judgment of the Court of Cassation The Court of Cassation criticized the decision of an appeal court which upheld a warning addressed to a union delegate for having fomented a conflict with another employee. This decision...

Unless abused, the employee enjoys freedom of expression within and outside the company, to which only restrictions justified by the nature of the task to be accomplished and proportionate to the desired goal can be made. An executive, a member of the management...

Employee's right to keep company vehicle during notice period In the event that an employee has a company vehicle for both professional and personal use, he has the right to keep it for the entire duration of his notice, even if he is exempt from notice ( Cass. soc....

It no longer needs to be demonstrated that night work has significant consequences for the employee. In this case, an employee working night shift had his request for payment of damages made for the violation of the right to daily rest dismissed by an appeal court....

Power of the employer and modification of the work schedule The modification of working hours , whether linked to the distribution of hours worked in a day or a week, is generally considered within the framework of the employer's management authority. This gives them...

Illicit method of proof: clandestine control system The case involves the Post Office suspecting a  postwoman  of opening certain envelopes and decided to test this suspicion by having her handle letter bombs containing blue ink, which would be released if the...

Implications of the decision for workers and businesses The recent decision of the Court of Cassation to align the work accident regime with that of work accidents for the calculation of the duration of paid leave has important implications for both workers...

When a person is hired under contracts relating to adult relay activities (C. trav., art. L. 5134-103) but these fixed-term contracts do not mention that they are "adult-relay" contracts and do not refer to the legal provisions relating to this type of contract, the...

Impact of the increase in the minimum wage on salaries and wages On July 1, 2012, the French minimum wage ( SMIC ) saw a notable increase from 9.22 euros to 9.40 euros, an increase of 1.95%. This adjustment has significant implications for employers, as it requires...

When an employee of a private entity experiences a takeover by a public entity, it is crucial to understand their rights, particularly regarding the preservation of seniority . In this article, we will delve deeper into the legal framework surrounding this issue,...

The reversal case regarding paid leave  highlights  the importance of employees' rights and the obligation of employers to facilitate the exercise of these rights. In this article, we will delve deeper into the implications of the case and the changes it brings in...

Article 7 § 1 of Directive 2003/88/EC plays a crucial role in determining workers' rights regarding the postponement of annual leave in the event of overlap with sick leave. In this article, we will explore the interpretation of this article and the position of the...

Some companies may include a non-competition clause in the employment contract. What does this clause  commit to  ? What happens if the  employee  does not respect it? The interest of the company The non-competition clause must be included in the collective agreement...

What are the criteria to avoid? How to write a good job offer? It is often difficult for  employers to  protect themselves against  discrimination in hiring. Criteria to avoid: The recruitment decision must not be based on criteria deemed discriminatory by law. It can...

You may not want  to serve  your notice period after  resignation . But is it legal? What are the risks if you ignore it? How to negotiate? NO, THE NOTICE IS CONTRACTUAL The resigning employee cannot immediately terminate his employment contract. He must respect a...

A   current  employee is not required to inform  his employer of his state of health , it is a matter of privacy. Likewise, when hiring, the employer does not have the right to ask medical questions, but a pre-employment visit to an occupational doctor is obligatory...

Contrary  to popular belief, a civil servant  can  be dismissed. But the grounds for dismissal, compensation and appeal differ. PROTECTED STATUS. Civil servants benefit from greater job security due to two major differences with other employees: no economic dismissal...

 Serious  misconduct is a “real and serious” reason for  dismissal  . How is it characterized? What consequences? What possible remedies? WHAT ARE THE REASONS? Serious fault is fault of such gravity that the employer considers that he cannot keep the employee in the...

The personal training account   is entered in hours by any employee and can be used during working life to follow qualifying training.The CPF replaced the individual to training (DIF) but the hours acquired are not lost.Employees must open an account on the website...