Discover this spring’s notable employment law news
By Johann Sultan, partner, and Natacha Meyer, associate
2024 Olympic Games: in order to allow companies to adapt their activities during the 2024 Olympic and Paralympic Games, the Ministry of Labor has published a guide recalling the arrangements that employers can put in place on this occasion. In any case, companies are invited to organize consultations in order to provide the necessary flexibility and best prevent any difficulties during this exceptional period.
Paid leave: the law adapting to European Union law, which recognizes the acquisition of paid leave during sick leave, was published in the Official Journal on April 23, 2024. The new acquisition and carryover rules paid leave is retroactive and applicable to situations prior to the entry into force of the law since December 1, 2009. Practical questions still remain to this day (for example, case of an employee once again placed on leave of work during the 15-month deferral period from which he benefits for leave that he was unable to take into account due to work stoppage).
Personal training account (CPF): since May 2, 2024, holders who wish to mobilize their CPF rights must pay a financial contribution of a fixed amount of 100 euros to subscribe to training, barring exceptions (applicants for employment, certain employees such as holders who benefit from a work accident or occupational illness contribution, etc.
Working time: by a judgment of February 7, 2024, the Court of Cassation specifies that the employer is admissible to oppose any element to demonstrate the employee’s working hours. This decision allows, particularly in the event of litigation relating to overtime, to submit any element of proof as to the achievement of the number of hours worked despite the absence of implementation of an objective and reliable system making it possible to ensure the monitoring the working hours of employees (Cass. Soc., February 7, 2024, n°22-15.842).
Protected employees: in a decision of April 3, 2024, the Council of State underlines that a request for authorization to dismiss a protected employee, made to the labor inspectorate by an unauthorized person, can be regularized subsequently during the investigation period and before the inspector rules on the request, by producing any document certifying the signatory’s authorization (CE, April 3, 2024, n°470440).
Mutual termination agreement: by a judgment of March 13, 2024, the Court of Cassation confirms that a mutual termination agreement can be signed on the same day as the preliminary interview to the extent that the Labor Code does not provide for a minimum period between the interview prior and signature of the termination agreement. It is still recommended to keep proof that the interview took place before signing the agreement in order to avoid a risk of defective consent (Cass. Soc., March 13, 2024, n°22-10.551).
Welfare protection: as a reminder, companies have until January 1, 2025 to update the acts establishing guarantees of welfare protection concerning the objective categories of beneficiary employees defined within their plan and the insurance contract in compliance with the decree of July 30, 2021.
For any request for additional information, do not hesitate to contact our team.
