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
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