The French Supreme Court has made a significant reversal in its case law: any employee exposed to asbestos may now make a claim for the harm relating to the anxiety they feel. Up to now, this option was reserved exclusively for employees who had worked at a site listed by the administration as concerned by the early-retirement due to asbestos scheme. The anxiety harm can now be invoked by any employee who justifies exposition leading to a high risk of developing a serious illness, even if they did not work at a site listed. The employee must nevertheless prove the existence of this anxiety
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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Ensure better pay equity between seconded employees and employees in the host country, apply French labor law more widely beyond a certain period of secondment and clarify the information obligations of companies hosting posted temporary workers. These are the measures resulting from an order of February 20 to transpose the posted workers directive of 2018
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
As part of the new obligations to eliminate wage gaps between women and men, companies must release their results from 1 March 2019, according to a schedule defined according to the company’s headcount. The administration has clarified these calendars and has distributed a spreadsheet to facilitate the work of companies
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.