The works council must take a decision within a certain period when it is consulted on the strategic orientations. In the absence of an opinion within this period, he is deemed to have been consulted and to have given a negative opinion. But beware, the consultation period runs from the date when the works council has been able to make a decision by being sufficiently informed. Hence the importance of thoroughly informing and updating the database of each company, which includes all the information necessary for the works council consultations.
The rules for validating agreements by signing a majority of representative unions have been applicable since 1 January 2017 for all agreements on work hours, rest and holidays. The labor law had provided for a generalization of this majority requirement on 1 September 2019. The Macron reform has moved this implementation up to 1 May 2018.
An employer may impose a transfer of the employee whose contract includes a mobility clause. The French supreme court (Cour de cassation) verifies the validity of such a clause : in order to be valid, it must clearly define the geographic scope of its application. And yet, the Cour de cassation has just clarified that a mobility clause that covers all the company’s sites in France was sufficiently specific.
The Macron ordinances provide for a few simplifications regarding economic terminations: the frame for evaluating the economic rational and the redeployment research is limited to France (when the company is part of a worldwide group). The possibility to dismiss before transfer is no longer exclusively for large companies.
Acts of sexual harassment, when they are established, are grave and require a reaction from the employer. They can lead to the dismissal of the harassing employee, even if the individual is also a staff representative and their benefits from a specific dismissal procedure. The administrative court of appeal of Bordeaux has ruled on the matter regarding an employee in a furniture store.
Friday January 26th, 2018 from 8.30am to 2.30pm At the Intercontinental Marceau “European Forum : The latest trends in Europe in employment law Hosted by Flichy Grangé Avocats Guest speakers include members from the L&E Global Alliance and Partners from FGA. Participants will be able to take part in round tables on the essential reforms […]
Voluntary departures are facilitated with this new possibility to sign an agreement on collective mutually agreed terminations, without having to justify an economic rationale. The use of this system is nevertheless subject to the public administration’s supervision.
The European Regulation on data protection (GDPR) enters into force on May 25 and sets a new framework for harmonziing the protection of personal data within the European Union. A draft law organizes its implementation on French territory. The formalities prior to the establishment of a data processing file would be reduced and the control and the sanction powers of the CNIL (independent authority responsible for ensuring respect for individual freedoms) will be reinforced.
The judicial and administrative supreme courts of France have just recalled the rules regardin geolocation. Such systems are considered excessive if they are implemented in order to monitor employees’ working time, unless there is no other way to monitor this.
In case of dismissal for personal or economic motives, the Macron decrees allow for an employer to specify, after having sent the dismissal letter, the motives that were already outlined in the letter. This is a softening of the obligations regarding the justification/motivation of dismissals that will nevertheless not allow for employers to entirely compensate for a total absence of justification in the original letter. This measure will enter into effect upon publication of a decree that will define the conditions and relevant deadlines. At the latest, it shall enter into effect on January 1, 2018.