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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?
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...
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?
Does a simple letter of reproach sent by an employer to an employee constitute a disciplinary sanction?
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.
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?
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
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...
Reclassification of the relationship between a courier-delivery of meals and a digital platform in an employment contract
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...
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...
Legal uncertainty and inconsistencies in the application of the Macron scale
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...
Employer liability for overtime: an analysis of legal obligations
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...
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...
Obligations and risks for employers regarding traffic violations by employees
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...
Reform the Labor Court procedure: strengthen the settlement of labor disputes
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...
Extension of the prerogatives and role of the Conciliation and Guidance Office
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...
Please note, the signing of a contractual termination does not interrupt the two-month limitation period for acts considered to be at fault by the employer.
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...
Dismissal for economic reasons: the importance of the motivation of the letter
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...
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...
Conditions for termination of the employment contract due to employer’s breaches
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...
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 ....
Prohibition of Systematic Use of Fixed-Term Contracts and Interim Assignments
Contracts & Requalification The Court of Cassation recalls that an employer cannot use fixed-term contracts (CDD) or temporary assignments to permanently fill a position linked to the regular and permanent activities of the company. This principle was reaffirmed...
Principle of secularism and conditions for exercising religious freedom at work
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...
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...
Obligation of the employer to reimburse the employee’s public transport costs
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: 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...
Compensation in lieu of notice: rights of employees in the event of unjustified dismissal
In cases where an employee is wrongfully terminated without notice, even if he was on sick leave at the time of termination, he is entitled to compensation in lieu of notice. This means that they should receive compensation for the period they would have worked...
The principle of equal treatment: contextual application and limits
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...
Balancing Rights and Responsibilities: Limits to Employee Freedom of Expression
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...
Termination and transfer of employment contracts of protected employees
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...
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...
Comparative study of the French and German social protection systems
Social protection Contrasts Simplicity and readability are the key words of the systems offered by Germany, France's main trading partner across the Rhine . Comparison of social protection systems: France and Germany: – Simplicity and readability are the key words...
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...
Compulsory vaccination: can an employee be fired in the event of refusal?
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...
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...
Presumption of professional nature of correspondence received in the workplace
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...
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...
Right of withdrawal: Resignation of the employee due to health reasons
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...
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...
Protected employees: limits of the employer’s disciplinary power
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...
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...
Summoning the night worker to a medical examination: protection of daily rest
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
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...
Alignment of the regime for commuting accidents with that for work accidents
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...
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,...