France

i) Promulgation of the Act of Parliament known as Loi de financement de la sécurité sociale for 2016 (LOI n° 2015-1702 du 21 Dec. 2015, JO 22); ii) Promulgation of the Act known as Loi de finances for 2016 (lowering workforce thresholds in small and medium-sized business; higher taxes on golden handshakes (parachutes dorés) (Act […]

i) Employees intending to cast an electronic ballot may forward their means of authentication via their business mailbox, provided each such employee has an individual access code for logging onto the PC assigned him (Cass. soc., 14 Dec. 2015, n° 15-16.491 F-D); ii) Where the Collective Bargaining Agreement requires that prior to dismissal, a joint […]

i) Without having laid down any special formalities, the Labour Code allows employers to an email invitation to the CHSCT (Health & Safety Committee) to attend a session (Cass. soc. 25 November 2015, n° 14-16.067 FS-PB), except when the expert’s fee is outlandish. In that case, at least initially the employer must bear the cost; […]

The Social Security Finance Bill (projet de loi de financement de la sécurité sociale) for 2016 (“the Bill”) was voted up by Parliament, however, publication was delayed owing to a petition filed in the Conseil Constitutionnel. The Bill notably includes measures concerning tax and National Insurance treatment of termination indemnities, collection of arrears on complementary […]

i) Redundancy: 2 Decrees enforcing the Act of Parliament known as loi Macron: Decree n° 2015-1637 10 December 2015, on the purview of order-of-dismissal for redundancy, in companies required to draft a Plan de sauvegarde de l’emploi (redundancy scheme) and Decree n° 2015-1638 10 December 2015, on in-house resettlement procedure out with France; ii) Company […]

The Conseil d’État has acknowledged that where the Courts have ordered an employer to compensate employees for failure to comply with his duty to ensure their health and safety, the employer may sue the State, should there be fault on the authorities’ part which contributed to the harm at issue. Only where the employer has […]

The Social Security Financing Bill for 2016 was adopted on its 1st reading by Parliament. In particular, it proposes to lower the ceiling beyond which CSG and National Insurance dues are levied on the entirety of termination indemnities from 10 down to 5 times the annual Social Security ceiling. The Bill is now before the […]

Decree 2015-1327 dated 21st October 2015 published, re circulation, on an Internet site, of sentences passed for the offence of undeclared employment (JO dated 22 October 2015). DGEFP Circular /2015/303 dated 1st October 2015 issued, on subsidy to employers who recruit their first employee. Decree 2015-1359 dated 26 October 2015 issued, with rules for reliance […]

Publication of decree n°2015-1173 of 23 September 2015 implementing the provisions of law n°2015-990 of 6 August 2015 on growth (called the “loi Macron”) in relation to the exceptions to Sunday work in retail outlets situated in certain geographical zones (Official Journal of 2 09 2015). Publication of a number of decrees on 25 September […]

Dismissal declared at the expiration of the legal protection period cannot be based on facts complained of before the administrative authority and which led to a decision to refuse authorization for dismissal (Cass. soc. 23 Septembre 2015 n° 14-10.648 FS-PB). The failure of bureau members to sign the attendance sheet can lead to the cancellation […]