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Abusive refusal to redeploy and requalification as dismissal

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?

Nice labour law lawyer – Evidence in labour law.

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....

Labour law applicable to the maritime employment relationship

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...

Dismissal of a disabled employee

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...

New on 1 November 2017 concerning unemployment benefits

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...

Reform access to unemployment insurance to improve employment

Improving employment and compensation conditions The government has taken a strong stance on tougher compensation conditions to facilitate a quick return to work and to crack down on companies that rely heavily on short-term contracts. With the aim of saving around 3...

Overtime pay and legal framework

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 plan for pension reform

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...

Lying on your CV: what are the consequences?

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 law reform: innovations and changes

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...

Employee declared unfit: protection against discrimination

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....

Employment contract and non-competition clause

The employment contract may include a non-competition clause, prohibiting the employee, after leaving the company, from exercising a competing activity likely to harm the interests of the  employer  . Its validity is subject to the following cumulative conditions: –...

Experience vs Diplome

The only difference in diplomas does not make it possible to establish a difference in remuneration between employees carrying out the same functions, unless it is demonstrated that the possession of a specific diploma attests to specific knowledge useful for the...

Social networks, confidentiality paradox and public insult

Browsing Social Media The pervasive influence of social networks like Facebook and Instagram in our daily lives cannot be denied. With more than thirty million registered users in France alone, these platforms have experienced a meteoric rise in the world since the...

Complexity and Instability of Labor Legislation

  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...

Requalification in CDI: Legal requirements and Jurisprudence

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

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 at work

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  ....

Employer access to employee emails

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...

Liability of employees in the event of a fine

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  ....

Harassment and contractual termination

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...

Overtime scheme: what changes in 2020

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...

Employer email monitoring: what are the limits?

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...

Overview of disciplinary dismissal procedures

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...

Review of employee savings plans

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...

Update on the rights of job seekers

Job Seekers' Rights, the French public employment service , continues to face challenges and criticism in meeting its obligations to job seekers. In March 2022, she was convicted for failing to provide complete information to job seekers. However, another unemployed...

Can a simple job offer impose obligations on the employer?

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...

A record of overtime worked must be written over time

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...

Clarifications on the employee’s obligation of loyalty

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...

Power of control and supervision of the employer

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 practices. Power of control and...

Void dismissal: what consequences?

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...

Obligation to reclassify an employee declared unfit

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...

Economic dismissal: membership of a CRP

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 of age-based dismissals

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...

Economic dismissal and obligation to redeploy

  By Grégory DAMYLawyer in labor law and more particularly in dismissal procedures04.92.15.05.05. The reclassification obligation is considered by case law as a real condition for dismissal for economic reasons . In other words, whatever the merits of the economic...

Do not confuse mobility and mobility clause

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...

Limits of the replacement fixed-term contract

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...

Part-time and order of layoffs

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 and sickness

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...

Clauses and employment contract

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...

Is there a priority for permanent recruitment?

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  ,...

Indirect Discrimination

Indirect Discrimination: Impact on People of the Same Sex Indirect discrimination can occur when a measure disproportionately affects a significantly higher proportion of people of the same sex. A judgment by the Court of Cassation on June 6, 2012, provides a fresh...

Freedom of expression for employees

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...

Company vehicle: what are the employee’s rights?

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....

Apprenticeship: new Cerfa and supporting documents

New model contract: A new model apprenticeship contract entered into force on 1 July 2012. This Cerfa FA13 replaces the old one. Employers can obtain the Cerfa FA13 from chambers of trades, chambers of commerce, DIRECCTEs and departmental labor inspection services or...

Respect the internal regulations to consult employee messaging

Emails sent or received by the employee using the IT tool made available to him by the employer for the purposes of his work are presumed to be of a professional nature . The employer has the right to open them in the absence of the person concerned, unless they are...

Arbitration Award: Dismissal Compensation and Tax Reinstatement

Arbitration Award: Dismissal Compensation and Tax Reinstatement When an employee receives  termination compensation without valid reason by arbitration award, he or  she may choose not to declare this compensation as part of his or her overall income. However, the tax...

Power of the employer and modification of the work schedule

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 surveillance of employees: what consequences?

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...

What remains of equal pay between men and women in 2023?

The Court of Cassation was very clear: equal pay must apply as long as the respective functions fall within the same level: hierarchical, classification and responsibility and have comparable importance in the functioning of the company ( Cass.Soc. July 6, 2010, n...

Fixed-term contract and precise definition of the reason

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...

Minimum Wage Updates

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...

Preservation of seniority

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,...

Early retirement at age 60 (decree of July 3, 2012)

The decree published in the Official Journal of July 3, 2012 partially restores retirement at sixty. Indeed with this decree, retirement will therefore be possible from the age of 60 for employees who started at 18 and have their entire contribution period (41 or 41.5...

Rights and obligations of employees

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...

Carryover of annual leave: what are your rights?

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...

Employer liability

Hiring foreign workers without the  required work  permits can result in serious financial penalties for employers. The French Office for Immigration and Integration (OFFI) imposes a special contribution on employers who hire   undocumented foreign employees . Since...

Can my trial period be terminated without reason?

Before being hired, an employee must often complete a trial period . This varies depending on the type of contract and professional category. It even happens that the employer renews this trial period. But can he put an end to it without explanations? Yes, in...

Can I freely end an employee’s trial period?

The trial period allows you to evaluate the employee's skills in their work before hiring them. We can sometimes even renew it. But can we put an end to it without justification? Yes, in principleAs the rules of dismissal are not applicable to termination of the trial...

The non-competition clause

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...

Can a child work in France?

Can we make a child work in France? What are the regulations?       No, not before the age of 16In France, the labor code prohibits the employment of children under 16 years of age. This ban is directly linked to the obligation to send children to...

Employee Monitoring

After revelations in the press, the Ikea company admitted to having had its employees spied on in France. Does an employer have the right to monitor his employees? What practices are legal? Filming employees In public places or places open to the public, such as a...

Hiring discrimination

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...

Expat Precautions

Before accepting an expatriation, there are a few precautions to take… Check that you are protected on aspects as essential as retirement, taxes or even returning to France.THE TYPE OF CONTRACTThere are two types of contracts when you are an expatriate. First, there...

Can you be made redundant by a local authority?

Can one be fired from a   local authority for economic reasons? What if you are a civil servant? FOR ECONOMIC MEASURES Territorial cooperation establishments  (municipalities, departments, regions, etc.) employ staff and have the income to pay them. It may happen that...

Salary increases

Employer obligation​ You have had a  promotion  , you have ten years of seniority, the unions have just negotiated with  management  ... What are the cases in which you can claim a raise? If I have seniority. No legal provision requires your employer to give you a...

Negotiation of termination: conventional termination

Neither dismissal nor resignation, conventional dismissal  is the result of negotiation between employer and employee. A very particular and  sometimes  delicate exercise. DO NOT TAKE THE INITIATIVE. The conventional termination procedure is very informal. It is often...

Resignation and notice

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...

Health status and employer

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...

False work stoppages

Risk of work stoppage The Primary  Health Insurance Fund and the  employer  are entitled to carry out an inspection in the event of work stoppage. How is this control carried out and what are the risks if your work stoppage certificate is false? IN CASE OF SOCIAL...

Civil servant and dismissal

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...

Dismissal for serious misconduct

 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 (CPF)

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...

Risks and undeclared work

What are the dangers to which the “under the table” recruiter is exposed, vis-à-vis the law and his employee?    NOT NEGLIGIBLE RISKS The risks for an employer who does not declare his employee are really significant and convictions are common. Even if,...