The Pacte law provides for measures that encourage companies to share a part of their profits with their employees. The law brings several changes to the two major profit sharing schemes (participation and intéressement) as well as company savings plans. Some of these measures entered into force with the law’s signing (24 May 2019), while other obligations will enter into effect on 1 January 2020. Note the implementation of profit sharing in companies with fewer than 50 employees, which up to now were exempt. The implementation will have to be negotiated at the industry/sector level by 31 December 2020
The Supreme Court has specified that the original copy of the mutually agreed termination document (rupture conventionnelle) that is provided to the employee must be signed by the employer. Failure to comply with this obligation is sanctioned by the agreement being deemed null and void. The court rejected the notion of a presumption of such a document having been provided to the employee, regardless of the fact that the document specifies that it was done in two original copies
In response to the existing social insecurity for self-employed workers of digital platforms, a bill currently being debated in the French Parliament provides for the possibility for platforms to put in place social responsibility charters. This bill also aims, above all, to guarantee increased rights for the self-employed workers in this sector, while securing the economic model of these platforms: vocational training actions, right to disconnection, information on a guaranteed minimum fee … such would be some of the planned social rights
As the rulings of Labour Councils continue to multiply, finding that scales of indemnity payments for termination without any real and serious cause, put in place by the Macron reform of 2017 are non-compliant with Convention No. 158 of the ILO and the European Social Charter, a Labour Court has decided to refer the matter to the Court of Cassation, using the referral procedure for an opinion of the High Court. It is expected to render its decision public on 8 July, but has in the past refused to comment on the legality of a law in the context of a request for an opinion
A new decree amends the procedure for the recognition of workplace/work related accidents and occupational diseases covered by the general scheme. The new procedure, applicable to accidents and occupational diseases declared from December 1, 2019, frames the formulation of reservations by the employer, and places the investigation phase of the files within a specific deadline
The French Supreme Court has refused to deduce a general presumption of justification for all the differences of treatment provided for by a collective agreement, on the basis of European Union law. The Court thus considered that a difference of treatment based on the date of presence of the employees on the site was not presumed justified, even if this difference was set out in a collective agreement
The Law on Business Growth and Transformation (known as the “Pacte law”) was passed by Parliament. It includes many provisions regarding Labour law: modification of the modalities of calculation of the thresholds of staffing and suppression of certain thresholds, reform of employee savings, development of the employee share ownership, modification of the rules relating to retirement savings. The entry into force of the law is subject to its publication in the Official Journal
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