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
As a response to the « yellow vests » social movement, the government passed a law on the « social and economic emergency measures » on December 24 allows companies to pay an exceptional spending power bonus that is exempt from social contributions and taxes (including income tax), up to 1000 EUR per beneficiary
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 bill for the 2019 social exemptions for companies was voted by parliament but has yet to be published. The text provides in particular for tax exemptions for overtime, the transformation of certain fiscal alleviation devices into social charges devices with the same purpose, and new provisions sanctioning illicit work. The measures will enter into force on January 1, 2019. However, many of these measures will need to be implemented via decrees that have yet to appear.
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.
In order to make wage equality between women and men effective, employers of at least 50 employees are obliged to measure pay gaps and to negotiate or establish catch-up measures within 3 years. Failing this, they will be face sanctions. This obligation will come into force by 1 January 2019 for companies with more than 250 employees and 1 January 2020 for companies with 50 to 250 employees. Decrees specifying the rules of application are expected shortly.
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.
A new law that aims to improve the dynamics between civil society and the public administration ( «un État au service d’une société de confiance ») aims to put in place the right to rectify one’s mistakes vis-à-vis the administration. This allows the individual to escape financial sanctions or avoid being punished by having benefits revoked. The law provides for a control by the administration
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.