Work

Disabled Employee is incapacity? Does the company have an obligation to find a job for a disabled employee? What is the cost of dismissal for incapacity? What is incapacity? (Terminating A Disabled Employee) (Terminating A Disabled Employee) Incapacity is the physical...

Changes to Unemployment Benefits Since November 2017 Since November 1, 2017, important changes have been implemented regarding unemployment benefits. These changes impact all employees who have been without a job since November 1, 2017, regardless of the termination...

The Gig Economy in a highly impactful ruling, the Commercial Chamber of the Court of Cassation reclassified the relationship between a meal delivery courier and a digital platform as an employment contract on November 28, 2018. The court emphasized that the existence...

The government's watchword is to toughen the conditions of compensation to promote a rapid return to employment and also to sanction companies that follow short-term contracts. The government therefore intends to save around 3 billion euros and provide jobs for more...

The principle: The new article L1235-3 of the Labor Code establishes a scale concerning the compensation due by the employer during a dismissal without real and serious cause. From now on, the maximum that the employee will be able to receive is 20 months of salary...

The mere fact that the employer has not agreed to overtime work cannot suffice to exempt him from payment for the overtime worked by his employee. Your labor lawyer will explain why. Indeed, the Court of Cassation considers that if an employee works overtime due to...

The mere fact that the employer has not given his explicit or implicit agreement to the performance of overtime cannot suffice to exempt him from paying the overtime worked by his employee. Indeed, the Court of Cassation considers that if an employee works overtime...

Emmanuel Macron's government is preparing to start "a big project" with pension reform, a sensitive subject. The plan would be to introduce a point-based retirement system and eliminate the annuity system in order to avoid inequalities between public and private...

Given the difficulty of getting a job these days, many people are tempted to embellish their CV or even invent diplomas to get the job. Be careful, this is very serious! For the employee: – The employment contract can be canceled for fraud. In this case, the employer...

The 2ième civil chambre de la Cour de Cassation a rendu un arrêt très intéressant le 21/06/2018 en matière d'accidents du travail. Votre lawyer expert en préjudice corporel revient sur cette décision très important. Un salarié a participé à une semaine de séminaire...

Since September 22, 2017, five ordinances reforming labor law have been signed by Emmanuel Macron and published on September 23 of the same year in the Official Journal. The aim of this reform is to strengthen social dialogue within companies by leaving more freedom...

Until January 1, 2017 employees, who drove a vehicle provided by their employer, were spared from losing points in the event of a traffic violation.However, since January 1, employers have had the obligation to denounce the identity of the driver within 45 days or...

In our previous news on the reform of the prud'homale procedure, we explained to you the contributions of the Macron Law.Taken in application of the law of August 6, 2015, a decree relating to the prud'homale procedure and the judicial treatment of labor disputes was...

The law of August 6, 2015, in its social section, aims to make industrial tribunal justice faster. To do this, the prerogatives of the conciliation office, renamed the conciliation and orientation office for the occasion, are extended. In addition, a new possibility...

judgment of March 3, 2015 of the social chamber of the Court of Cassation No. 13-23.348 Please note that the signing of a contractual termination between the employee and the employer does not interrupt the two-month limitation period for the facts considered to be at...

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....

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: - be...

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

The employee may take note of the termination of his employment contract due to his employer's breaches of his essential obligations.Depending on the seriousness of the facts, the taking of an action is analyzed in a dismissal without real and serious cause or a...

Il est un constat ressurgissant imperturbablement et inlassablement dans notre pays : si nul n’est normalement censé ignorer la loi, ce que nul n’ignore en réalité plus aujourd’hui, c’est que la complexité et l’instabilité de la législation du travail ne semble pas...

In this case, an employee hired on a fixed-term contract to replace an absent employee seized the industrial tribunal with a request for requalification on a permanent contract. As a reminder, when it is concluded for the replacement of an absent employee, the...

In this case, an employee hired on a fixed-term contract to replace an absent employee seized the industrial tribunal with a request for requalification on a permanent contract. As a reminder, when it is concluded for the replacement of an absent employee, the...

The repeated refusal of an employee to wear personal protective equipment constitutes a serious fault making it impossible for him to remain in the company. This is what the Court of Cassation has just ruled on June 19, 2013. An employee, a warehouse manager, had been...

A new judgment completes the legal framework applicable to the conditions of access by the employer to the e-mails of its employees. In a decision of May 16, 2013, the social chamber of the Court of Cassation recalls that “all emails sent and received by the employee...

An employer cannot oblige his employee to reimburse him the amount of the fines he has had to pay for offenses committed by this employee with a company vehicle. This is what the Court of Cassation has just recalled in a judgment of April 17, 2013. A company asked one...

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 employee who contested her dismissal, based on the refusal to...

Contractual termination allows the employer and the employee on a permanent contract (CDI) to agree by mutual agreement on the terms of the termination of the employment contract that binds them. However, this mode of termination of the employment contract provided...

An employer cannot refuse to partially reimburse an employee, on the grounds that he lives too far away, his public transport costs between his habitual residence and his place of work. This is what the Court of Cassation has just clarified in a judgment of December...

A circular from the Social Security Department specifies the regime applicable to overtime and additional hours. The amending finance law for 2012 put an end to the exemption scheme applicable to overtime and additional hours.  This overtime tax exemption scheme is...

The power of consultation of employees’ emails by the employer, framed by a rich case law of the Court of Cassation, can be restricted by the internal regulations of the company, affirmed this same Court in a judgment of June 26, 2012. In this case, the IT manager of...

By Grégory DAMY specialist in labor law and more particularly in dismissal procedures04.92.15.05.05. 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...

A study by DARES provides an overview of the various employee savings schemes and the amounts distributed to employees via these schemes in 2010. It reveals that 57.3% of employees in the non-agricultural market sector, i.e. 8.8 million employees, have had access to...

No respite for Pôle emploi. Already condemned for “failure to provide complete information to job seekers” in March 2022, he is now being criticized by an unemployed person for not helping him enough, thereby violating his obligation to accompaniement. Therefore, this...

It is at company level that the respect or non-respect of equal treatment between employees with respect to a given advantage is assessed. The employees of a company belonging to a group claimed, in the name of equal treatment, the benefit of an advantage for the...

If the employee has freedom of expression and the right to criticize within the framework of the company, there are limits not to be exceeded in substance and in form. In a judgment of July 11, 2012, the Court of Cassation considered that the regional director of a...

A ministerial circular summarizes the methods of instruction and control by the administrative authority of the requests for authorization of termination, or transfer of the employment contract of the protected employees. In its preamble, the circular notes the...

On July 11, 2012, the Court of Cassation recalled that a simple job offer can oblige the employer. Indeed, writing specifying the job offered and the date of entry into office constitutes a promise of employment equivalent to a contract of employment. In this case, an...

Simplicity and readability are the watchwords of the systems offered by Germany, France’s main trading partner across the Rhine. A recent report by the General Directorate of the Treasury compares the social protection system of France and Germany, with the aim of...

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...

The refusal by an employee on sick leave of her future working conditions does not constitute a breach of her obligation of loyalty. An employee, a part-time employee, on sick leave, refused the new working conditions that her employer wanted to impose on her after...

The employee whose dismissal is void, and who requests his reinstatement, cannot claim payment of severance pay. Following an illness, an employee is declared fit for half-time therapy for a period of one year by the occupational physician. Before the end of this...

The obligation for the employer to seek reclassification for an employee declared unfit cannot be limited to a search made after the first medical examination. The unsuitability of an employee for his job can only be established, except in special cases, after two...

In the context of economic dismissal , an employee joined a CRP which was offered to him during the preliminary interview , and his dismissal was notified to him the next day. For the Court of Cassation, confirming the decision of the trial judges, the dismissal was...

In order not to constitute discrimination, the limitation to a certain age of the exercise of a profession must be objectively and reasonably justified by a legitimate objective, in particular of employment policy. Thus, with regard to the 60-year limit on the...

In the absence of a medical contraindication, the refusal by an employee of a vaccination imposed by his activity legitimizes his dismissal. An employee of a funeral director refused to be vaccinated against hepatitis B, vaccination prescribed by the occupational...

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 validity of the...

A trip abroad may be part of the usual framework of the employee’s activity, and therefore does not come under the implementation of a mobility clause. An employee of an international firm is dismissed for serious misconduct for refusing to travel abroad for a...

In the same spirit as for the employee’s computer files, correspondence received by the employee at his place of work is presumed to be of a professional nature. If an employee can receive mail at his place of work, this mail is presumed to be of a professional...

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

The refusal of an authorization to dismiss an employee protected by the administrative authority has no effect on the acknowledgment of the termination of his contract by the person concerned. An employee who is a member of the CHSCT left his job, invoking his right...

The judge cannot rely on the status of part-time employee to decide that the latter should 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...

Can we wear whatever outfit we want? Can you walk naked in the street, or even wear a police uniform without being a police officer?   Oui, en principeOn a le droit, en principe, de porter la tenue vestimentaire de son choix : il s’agit d’une liberté individuelle...

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

Tasks, bonuses, holidays, working hours… The employee has several important clauses in his employment contract that he can and must have indicated.   His function and the details of the tasks The employee has every interest in having his function specified in his...

If you regularly work for a company on a fixed-term or temporary contract, do you have priority for recruitment on a permanent contract? Is the employer free to hire whoever he wants? No, there is no priority There is no permanent hiring priority, whatever the type of...

The Court of Cassation censures the decision of a court of appeal which had validated the warning given to a union representative for having caused a conflict with another employee. With regard to protected employees, since a judgment of June 30, 2010, the Court of...

Barring abuse, the employee enjoys freedom of expression inside and outside the company, to which only restrictions justified by the nature of the task to be performed and proportionate to the aim sought can be made. A manager, member of the management committee, had...

When the employee has a company vehicle for professional and personal use, he keeps it for the entire duration of the notice, even if he is exempted from giving this notice (cass. soc. March 8, 2000, n° 99- 43091, BC V no. 92). In this case, the employer thought he...

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

If the debtor of several debts has the right, pursuant to Article 1253 of the Civil Code, to declare, when he pays, which debt he intends to discharge, the imputation must be known at the time of payment. When no details are given, article 1255 of the Civil Code...

There is no longer any need to demonstrate that night work has significant consequences for the employee. In this case, an employee working night shifts was dismissed by a court of appeal of his claim for payment of damages made for the violation of the right to daily...

In principle, the modification of the work schedule, whether it relates to the distribution of hours worked in the day or in the week, falls within the management power of the employer who can thus proceed with it freely. Certain practices have appeared within...

Convinced that a postwoman was opening certain envelopes, La Poste had confused the person concerned by passing through her hands letter bombs, which had the particularity of diffusing blue ink if they were opened. However, if the employer has the right to control and...

La Corte di Cassazione, ribaltando la giurisprudenza, ha deciso di allineare il regime dell’infortunio in itinere a quello dell’infortunio sul lavoro per il calcolo della durata dell’aspettativa retribuita. In altre parole, il lavoratore in malattia a seguito di...

The Court of Cassation has been very clear: equal pay must apply when the respective functions come under the same level: hierarchical, classification and responsibility and have a comparable importance in the operation of the company ( Cass.Soc. July 6, 210,...

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...

On July 1, 2012, the SMIC went from 9.22 euros to 9.40 euros (i.e. + 1.95%). The basic monthly minimum wage for 35 hours is 1,425.67 euros. As a result, employers must draw the consequences and raise wages which, as a result of this increase, would fall below the...

An employee of a private entity whose activity is taken over by a public entity is entitled to the preservation of his seniority, in particular for the calculation of severance pay. The Council of State recalls in such a case, pursuant to Article L. 122-12 interpreted...

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

Turnaround: proof in terms of paid leave (Soc. 13 June 2012, FS-P+B+R, n° 11-10.929) When an employee has not taken his paid leave and has been prevented from taking it take on the part of the employer, it necessarily results in a prejudice giving rise to the right to...

Article 7 § 1 of Directive 2003/88/EC of November 4, 2003 must be interpreted in the sense that it opposes national provisions providing that a worker, in incapacity for work occurring during the period of leave paid annual leave, is not entitled to subsequently...

Before hiring, an employee must often complete a trial period. This varies according to the type of contract and the professional category. It even happens that the employer renews this trial period. But can he end it without explanation? Yes, in principle The...

The trial period allows you to assess the skills of the employee in his work before hiring him. Sometimes it can even be renewed. But can it be terminated without justification? Yes, in principle As the dismissal rules are not applicable to the termination of the...

Some companies may insert 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 companyThe non-competition clause must be written in the collective agreement or in...

Can a child be made to work in France? What are the regulations? No, not before 16 years oldIn France, the labor code prohibits the employment of children under 16 years old. This prohibition is directly linked to the obligation to send children to school until the...

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 employeesIn public places or places open to the public, such as a...

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 should not be based on criteria deemed discriminatory by law. It can...

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

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 obliges your employer to increase you according to the seniority that...

One may not want to execute his notice after a resignation. But is it legal? What are the risks if you ignore it? How to negotiate? NO, NOTICE IS CONTRACTUAL The resigning employee cannot immediately terminate his employment contract. It must obligatorily respect a...

An employee in post is not required to inform his employer of his state of health, this is a matter of private life. Similarly, when hiring, the employer does not have the right to ask questions of a medical nature, but a pre-hiring visit to an occupational doctor is...

The Primary Health Insurance Fund and the employer are entitled to carry out a check in the event of sick leave. How is this control carried out and what are the risks if your work stoppage certificate is false? IN THE EVENT OF A SOCIAL SECURITY CHECK In return for...

Contrary to popular belief, a civil servant can be dismissed. But the reasons for dismissal, compensation and remedies differ. PROTECTED STATUS. Civil servants have more job security because of two major differences with other employees: no economic dismissal since in...

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

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

What are the dangers to which the “black” recruiter exposes himself, vis-à-vis the law and his employee? SIGNIFICANT RISKS The risks for an employer who does not declare his employee are really significant and convictions are common. Even if, at the start, the...

It is possible to combine retirement and employment but under certain conditions and within certain limits. Indeed, if the employee does not want to lose his old-age pension, he must be careful not to exceed the ceiling limits. COMBINATION OF RETIREMENT AND EMPLOYMENT...

In principle, a CDD can only be renewed once. The employer risks serious penalties if he does not respect this limitation. However, you should know that there are exemptions for fixed-term contracts and seasonal fixed-term contracts. MAXIMUM TWO CDDs In principle, you...

Internships that are not part of an educational course are prohibited.The conditions of employment of trainees are not always very clear. Often stuck in an unbalanced balance of power, the trainee can sometimes seem distraught in the face of an exaggerated employer....

A pregnant employee is protected, particularly in the event of dismissal. She may also benefit from an adjustment of her working conditions. When she returns from maternity leave, she must find the same salary and the same responsibilities within the company. BEFORE...

6,429,900 people are currently unemployed in France, including 6,099,700 people in mainland France, ie9.8% of the working population, of which 9.5% in mainland France. So what is Pôle emploi’s policy with regard to job seekers? Can we refuse an offer that is not...

Can you have multiple employers? Is there a maximum working time? IN THE PRIVATE FRAMEWORK The legal provisions do not prohibit employees in the private sector from exercising several salaried jobs simultaneously. It is, therefore, possible to combine several jobs....

The role of a staff representative is to defend the interests of employees within a company. Elected every four years, its main mission is to present employers with all individual or collective complaints. His missions : As a representative of the employees of a...

An employee on a permanent contract has the option of requesting long-term leave, whether professional, such as individual training leave (CIF), or personal, such as parental education leave (CPE). There are also lesser-known leaves, such as International Solidarity...

Do you work in conditions of sufficient safety, hygiene and comfort? HYGIENE CONDITIONS The employer must respect very strict hygiene conditions. The premises must be kept in a constant state of cleanliness. They must present the conditions of hygiene and healthiness...

The use of a mailbox in the workplace is quite free. But beware of excesses, especially since the case law is complex! CAN I USE MY PROFESSIONAL BOX FOR PRIVATE PURPOSES? The employee is authorized to use his professional mailbox for private purposes, provided that...

In principle, the employee enjoys the freedom of choice of dress. However, he must respect the rules of decency, hygiene and safety. The employer can impose a uniform if the employee is in contact with customers. If the rules are set by the labor code, the employee is...

Even for a summer job, and even if he is a minor, an employee has rights! Beware of abuse by unscrupulous employers. THE EMPLOYMENT CONTRACT The summer job is necessarily on a fixed-term contract (CDD). This is a written contract that must specify the reasons for...