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France's second lockdown on October 31, 2020: Employers, what you need to know to manage your employees effectively
Following the reconfiguration and closure of non-essential shops and public buildings, it is appropriate to take stock again at this unprecedented time...
2 November 2020
Unfitness and consultation of the Social and Economic Committee
In three rulings, the Social Chamber of the Court of Cassation has clarified the sanction imposed on the employer in the event of failure to consult the Social and Economic Committee when the employee's declaration of unfitness is of non-occupational origin.
Resignation and unemployed workers: a right to unemployment under conditions since the entry into force of the "Professional Future" law
As a reminder, an employee could only receive unemployment benefit when his or her employment contract was terminated by redundancy or contractual termination.
However, if the employee resigned, he or she could not expect to receive the allowance.
Act no. 2018-771 of 5 September 2018 made it possible to open unemployment insurance benefits to workers who have resigned who are planning to change careers.
Employers: be careful about the reason for dismissal!
8 June 2020
The Labour Councils are putting up a fight!
18 October 2019
Pandemic outbreak: measures applicable in companies
New measures have been adopted by the Government to try to curb the spread of the Covid-19 virus in companies, which are binding on employers and their employees. Stricter requirements to protect employees' health. From 1 September 2020...
The action for inexcusable fault: to whom should the employer seek reimbursement of sums paid in the event of a reduction in compensation for damage by the judge?
Compensation for damages awarded to the victim of an accident at work or occupational disease due to the employer's inexcusable fault for failing to comply with the safety obligation is paid directly to the beneficiaries by the Fund.
The latter then turns to the employer to claim the amounts awarded.
STATE OF HEALTH EMERGENCY AGAINST COVID-19 IN FORCE
06 May 2020
An employer should always check whether the proposed dismissal is discriminatory
Mrs X is experiencing a particularly difficult pregnancy. In the course of her work, she commits a particularly serious professional misconduct. Her employer decides to dismiss her.
11 February 2020
"Better to have a good management than a bad conviction
The judgment dated 10 July 2019 handed down by the social chamber of the Court of Cassation (Cass. soc., 10 July 2019, no. 17-22.318) highlighted the risk to which the employer is likely to be subject in the event of mismanagement of his employees
26 August 2019
The extension of compensation for anxiety-related harm
As a reminder, Law 98-1194 of 23 December 1998 allowed employees who had been particularly exposed to asbestos to benefit from early retirement even though they had not developed an occupational disease linked to this exposure.
The requirement was to have worked in an establishment mentioned in Article 41 of this Act.
The employer's inexcusable fault: the Court of Cassation focuses more on the damage than on the cause of the accident
Prevention is better than cure!
According to the provisions of Article L. 452-1 of the Social Security Code, by virtue of the employment contract binding him to his employee, the employer is bound towards the latter by an obligation of safety of result, in particular with regard to accidents at work ...
