Articles

Some labour and industrial tribunal judges have refused to apply the indemnity grid for dismissals judged as being without just cause (« licenciement sans cause réelle et sérieuse ») that was implemented by the reform of September 2017.This grid sets out minimum and maximum indemnities that the judge can order in case an employee disputes his or her dismissal. According to some judges, this grid is in contradiction with the European Social Charter and the Termination of Employment Convention of 1982 (No. 158) of the ILO

The French supreme court’s labour and employment division has characterised the existence of an employment contract between a delivery worker and an online platform, justifying its decision on the fact that the application used GPS tracking, allowing the company to follow in real time the delivery worker’s position, counted the total number of kilometers traveled, and that the company had the authority to sanction the worker.

A succession of fixed-term employment contracts, with no waiting period (“gap”) between each contract, is lawful, for the same employee and the same position, only if each contract has been concluded for the one of the reasons provided for by the Labor Code, namely the replacement of an absent employee, a seasonal contract, or, finally, a “contrat d’usage”.

Non-executive employees may not claim, on the basis of equal treatment, the payment of a 13th month bonus that was reserved for executives, no matter the modalities of hte payment. This bonus is linked to annual remuneration paid in exchange for the work performed, and in this respect, executives and non-executives are not placed in an identical situation.

An employee dismissed by the director of the parent company overseeing its activities is valid, since the latter is not completely detached from the subsidiary. This holds true even in the absence of any written delegation of authority.