The Conseil d’Etat, France’s highest judicial authority in administrative matters, has carefully delineated the extent of the authorities’ oversight powers in relation to restructuring operations: capacity of the signatories to the majority collective agreement; information to which the Works Council is entitled concerning the economic rationale behind the scheme; monitoring of the scheme’s measures; right […]
The proposed “Social dialogue and employment law” may be adopted this summer. The most important measures include: unification of staff-representative bodies, representation of employees of small businesses (with less than ten employees) through inter-branch parity committees, anti-discrimination guarantees for employees’ representatives and reductions in obligations for businesses as they pertain to employer healthcare programs.
Annulment of the flat-rate pay agreement covering days worked in the hotel/restaurant/café industries (Cass soc 7 juillet 2015 n°13-26.444). The reintegration of posted workers at the end of their project is no longer considered as a modification of the contract, and thus no longer requires the worker’s consent (Cass soc 24 juin 2015 n° 13-25.522). […]
The “Macron Law” appeal is now before the Constitutional Court. The Court has one month to make a decision, as the law is to be enacted in August. The notable reforms include: employee savings plans, Sunday and night-shift working hours, new procedures for economic mass layoffs, and the implementation of scale of indemnities that the […]
Where the employee is on garden leave during the notice period, he will be entitled to draw the relevant compensation as soon as he actually ceases to report in for work (Cass. soc. 11 mars 2015 n° 13-23.866 F-D).
Simplified standards adopted for geopositioning at work (Deliberation n° 2015-165 dated June 4th 2015 JO 17).
The Bill passed a first reading in Parliament on June 2nd, to be debated by the Senate as of June 22nd. Main provisions: threshold for electing a Délégation unique du personnel (DUP – staff delegates), clustering the 17 current duties in respect of informing and consulting the Works Council, instituting a Compte personnel d’activité with […]
The Bill is likely to be adopted, so says the Government, in July.
There must be objective, pertinent factors to justify the granting (or otherwise) of individual wage increases (Cass. soc. 20 mai 2015 n° 13-13.967 FS-PB).
Where a company’s Rules & Regulations stipulate a procedure for demanding explanations of an employee, this may be disciplinary in nature (Cass. soc. 19 mai 2015 n° 123-26.916 FS-PB).