The employment agreement between worker and Company which is normally used to terminate the employment relationship which is signed before the Conciliation and Arbitration Board shall no longer be subject to an annulment action before the Board, because the Supreme Court determined that legal certainty should be given to these agreements. Previously, even after signing […]
Where the employee is on garden leave during the notice period, he will be entitled to draw the relevant compensation as soon as he actually ceases to report in for work (Cass. soc. 11 mars 2015 n° 13-23.866 F-D).
Simplified standards adopted for geopositioning at work (Deliberation n° 2015-165 dated June 4th 2015 JO 17).
The Bill passed a first reading in Parliament on June 2nd, to be debated by the Senate as of June 22nd. Main provisions: threshold for electing a Délégation unique du personnel (DUP – staff delegates), clustering the 17 current duties in respect of informing and consulting the Works Council, instituting a Compte personnel d’activité with […]
The Bill is likely to be adopted, so says the Government, in July.
There must be objective, pertinent factors to justify the granting (or otherwise) of individual wage increases (Cass. soc. 20 mai 2015 n° 13-13.967 FS-PB).
Where a company’s Rules & Regulations stipulate a procedure for demanding explanations of an employee, this may be disciplinary in nature (Cass. soc. 19 mai 2015 n° 123-26.916 FS-PB).
The parties may not alter the amount of compensation, depending on which specific termination arrangements have been chosen (Cass soc 9 avril 2015 n° 13-25.847 FS-PB).
Presumption of applicable Collective Bargaining Agreement as reported on the wageslip: a presumption that said CBA applies will thus arise and the employee may insist that it apply to him; the employer may however produce evidence to the contrary (Cass. soc. 11 mars 2015 n° 13-27.947 F-D).
The French Supreme Court (Cour de cassation) has held that termination by agreement signed with an employee who is on maternity leave is indeed lawful (Cass. soc. 25 mars 2015 n° 14-10.149 FP-PB).