The latest significant employment news

By Johann Sultan, partner, and Natacha Meyer, lawyer

  • Increase in the social security ceiling: since January 1st, 2024, the social security ceiling is 3,864 euros monthly, or 46,368 euros annually. This amount must be taken into consideration for the calculation of social security contributions and in determining the social and tax regime for termination compensation.
  • Creation of France Travail: since January 1st, 2024, the new operator “France Travail” replaces “Pôle emploi”, with reinforced missions to support job seekers.
  • Proposal for a permanent employment contract (CDI) at the end of a fixed-term employment contract (CDD): since January 1st, 2024, when an employer offers an employee a permanent contract at the end of a fixed-term contract to occupy the same job or a similar job, with at least equivalent remuneration, falling within the same classification and without change of place of work, the latter must notify this proposal in writing to the employee with specific information. If the employee refuses, the employer must inform France Travail within one month. After two refusals in less than twelve months, the employee will not be able to benefit from unemployment compensation.
  • Acquisition of paid leave during sick leave: by a decision of February 8, 2024, the Conseil constitutionnel (France’s highest constitutional authority) considered that the current provisions of the Labor Code, which provides for the acquisition of paid leave during sick leave only in the event of occupational illness, are consistent with the Constitution. To this day, we are still awaiting intervention from the legislator on this subject following the judgment rendered by the Court of Cassation on September 13, 2023.
  • Non-competition clause: by a decision of January 24, 2024, the Court of Cassation considered that the employee who disregarded his non-competition clause, even over a limited period, could not claim payment of the financial compensation linked to the clause.
  • Professional equality index: by March 1, 2024, all companies with 50 employees or more must have calculated and published their professional equality index for the previous year on their website.For any request for additional information, do not hesitate to contact our team.