i) Without having laid down any special formalities, the Labour Code allows employers to an email invitation to the CHSCT (Health & Safety Committee) to attend a session (Cass. soc. 25 November 2015, n° 14-16.067 FS-PB), except when the expert’s fee is outlandish. In that case, at least initially the employer must bear the cost; however, it may then seek injunctive relief against the expert’s estimated fee in the High Court (Cass. soc. 18 November 2015, n° 14-17.512 F-D). With respect to a Plan de sauvegarde de l’emploi (redundancy scheme), the Conseil d’Etat has held that an irregularity will not invalidate the PSE, unless the irregularity influenced the staff representatives’ evaluation, or that of the authorities: where an employer’s associate is present although the law does not so stipulate, or there are differences between the version of the PSE sent the CHSCT (Health & Safety Committee) and that handed out at the actual session, this will not vitiate the procedure (CE 7 December 2015, n° 383856 aff. Darty);
ii) Application of order-of-dismissal criteria to a lower level within the company is possible only where there have been a collective agreement or failing that, application of the criteria to the entire workforce (CE 7 December 2015 n°s 386582, 386604, 386927 Aff. Mory ducros); litigation on compliance by the employer with his duty to ensure the workforce’s safety during a restructuring project with a Plan de sauvegarde de l’emploi shall come before the ordinary Courts of law (CA Versailles 1 December 2015, n° 15/01203) ; the impact of downsizing policy may justify an expertise for serious hazards by the CHSCT (Cass. soc. 25 November 2015, n° 14-15.815) ; the employer has not disregarded the duty to ensure his workforce’s safety, where he can show that he has taken all preventive steps required to ensure their safety and protect their mental and physical health (Cass. soc. 25 November 2015, n° 14-24.444 PBRI);
iii) Top-hat pensions: the extra 45 % contribution on pensions is unconstitutional (Conseil constitutionnel 20 November 2015 n° 2015-498 QPC);
iv) CHSCT Expertise: the rule requiring that the employer cover the cost of a CHSCT expertise even where the Courts have struck it down, is invalidated (Conseil Constitutionnel 27 November 2015 n° 2015-500 QPC );
v) Although where an employee agrees to take mobility leave, the employment contract will be terminated by agreement, he may nonetheless challenge the economic rationale for termination (Cass soc 12 November 2015 n° 14-15.430).