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.
The French supreme court (Cour de cassation) ruled that that a dismissal was valid when the employee, a sales representative, had his driving license suspended for 8 months by a Spanish court in personal circumstances. The judges recognized that the use of a car was essential to the employee’s functions and that he was no longer able to work.
According to a draft text, the social security ceiling should be set at € 3,311 per month in 2018 (€ 39,732 per year). This ceiling is used to calculate the deductions of certain social security contributions made each month on the salaries of employees. This increase has implications for the calculation of many benefits and entitlements for employees.
In order to secure dismissals, the decree of 22 September 2017, regarding the forseeability and securisation of emploment relations, sets the framework for the conditions of formalities of terminating the contract. The employer may further specify the grounds in the dismissal letter, after said letter has been notified to the employee. These provisions require an application decree for an entry into force set for January 1, 2018 at the latest.
An employee with executive status who criticizes and insults the employer in front of employees and commits defamation by accusing the employer of “stealing “ rest days, in order to encourage the employees to rise up against the employer oversteps the limits of freedom of speech. Such behavior that is aimed at destabilizing the company can justify a termination for gross misconduct.