Lionel Paraire

In a decision dated 26 June 2024, the French Supreme Court (Cour de Cassation) ruled that the employee’s action based on the employer’s failure to fulfill their obligation to have their staff join a supplementary employee benefit scheme and to pay the resulting contributions is subject to a five-year limitation period, pursuant to Article 2224…

Article L.1332-2 of the Labor Code provides that a disciplinary sanction must be imposed within the month following the preliminary interview. In this case, an Air France employee, summoned to an interview preliminary to a disciplinary sanction, was informed, fifteen days later, that the matter was referred to the disciplinary council, in accordance with the…

A decree of 5 July 2024, effective from 7 July 2024, specifies the terms of the follow-up examination carried out by the employer during an employee’s sick leave. Firstly, the employee must inform the employer of his place of rest, if it is different from his home, at the beginning of the sick leave, and…

The decree of 29 June 2024 focuses on the conditions for filing and checking the PPVE agreement. The filing must be made on the “Téléaccords” platform, according to the usual conditions for filing collective agreements. Checking the agreement is the responsibility of the labor administration, which forwards the documents to the URSSAF; the latter has…

In a judgment of 29 May 2024, the French Supreme Court (Cour de Cassation) ruled that a site manager in charge of human resources who maintains a secret intimate relationship with an employee holding union and staff representation corporate offices breaches his obligation of loyalty, thus justifying his dismissal for serious misconduct. Indeed, the Cour…

In a decision of 16 May 2024, the Cour de Cassation stated as a reminder that, in accordance with the provisions of Article L.323-6 of the Social Security Code, an employee on leave from work who engages in physical or sports activities without the express and prior authorization of the prescribing doctor, loses their right to…

Based on the provisions of Articles L. 411-1 of the Social Security Code and Article 21 of Order No. 2017-1387, the Court of Appeal of Nîmes ruled that an accident occurring at the telework location and during working hours is presumed to be a work accident. Indeed, the Court of Appeal considered that “having occurred at the time and…

Following a business transfer, a substitution agreement provided for the retroactive termination of the remuneration scale set by the relevant collective agreement. An employee whose employment contract had been transferred appealed to the labor court, considering that the provisions of the relevant collective agreement should have remained in effect for a year following the end…

Article 37 of law No. 2024-364 of 22 April 2024 amends the Labor Code, in order to comply with European Union law. The new text provides that employees on leave from leave due to non-work-related illness or accident will accumulate 2 days of paid leave per month up to a limit of 24 working days per…

ILLICIT EVIDENCE: Clarifications on the regime of evidence admissibility. The production by the employer of images from a video surveillance device in the context of a legal dispute must be fair. In other words, the employee must have been informed in advance and personally of the implementation of such a device. However, the French Supreme Court…

It is forbidden to waive the dismissal rules in advance. The Labor Code provides that in the event of non-execution by the employee of the notice, the employer is required to pay compensation only when he has unilaterally decided to exempt the employee from performing his work or when this non-performance is attributable to him.…

Foreword By Editor, Andrew Chilvers Speaking Out: What impact will the EU whistleblowing law have on business transparency? In the past few years, demands have been growing around the world for more accountability by businesses and governments – particularly since the start of the Covid-19 crisis. Indeed, the global pandemic has heightened issues around whistleblowing…