L&E Global’s Employment Law Overviews 2019-2020 Global Edition

When the employee signs a settlement agreement that includes a general waiver of claims on all legal action concerning the performance or termination of the employment contract, the employee is prohibited from later introducing a claim for indemnification on rights both future and current. Therefore, in the case of an employee terminated for economic reasons, he cannot later ask for indemnification pertaining to a redeployment obligation, rehiring priority, or the duties resulting from the employment protection plan

In the absence of any vitiated consent, the existence of acts of moral harassment does not in itself affect the validity of the termination agreement. An employee who establishes that the conventional breach of his employment contract occurred in a context of moral harassment, cannot therefore request its cancellation if he does not invoke a lack of consent

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.