i) Where an employer files with the Labour Inspector for permission to dismiss a staff representative shortly before the end of the period, during which the latter is protected against dismissal, the Labour Inspector must issue his decision before that period lapses. Should the Labour Inspector issue a belated refusal, the employer may go ahead with the procedure and dismiss the individual without such permission (Cass. soc., 6 janvier 2016, n° 14-12.717).
ii) The European Court of Human Rights has held that the employer may monitor Internet exchanges by his workforce, that take place during working hours, provided such surveillance remains reasonable (CEDH, 12 janvier 2016, n° 61496/08, aff. Barbulescu c. Roumanie).
iii) The employer may not demand access to an employee’s personal messaging system, even where the latter consults it on the employer’s computer (Cass. soc. 26 janvier 2016, n° 14-15.360).
iv) A fixed-term employment contract may be terminated by agreement through a Rider, stipulating an earlier termination date (Cass. soc., 16 décembre 2015, nº 14-21.360).
v) Termination by agreement: the local labour authorities (DIRECCTE) may not formally apprise, until the cooling-off period has lapsed (Cass. soc., 14 janvier 2016, n° 14-26.220).
vi) The employer may incur criminal liability should he fail to ensure that a recruit has undergone the statutory pre-hire medical exam before the trial period has lapsed (Cass. crim., 12 janvier 2016, n° 14-87.695).
vii) Where an employee takes a course designed to prepare him for his trades-union duties, the course’s duration may not be deducted from annual leave, but counts as actual working hours for the purpose of calculating leave (Cass. soc. 20 janvier 2016, n° 14-26.684).