Is the conclusion of a promise to hire a replacement for an employee still in post sufficient to constitute verbal dismissal? Mr. [J] was hired as Managing Director on November 13, 2017 by Holding JVM, and his employment contract was subsequently transferred to Automobiles JM. He was dismissed for gross misconduct on February 28, 2019, and brought the matter before the
Is evidence from an employee’s personal USB key legal? Mme [O], engagée en qualité d’assistante technique le 1er novembre 1980 par la société VS technologies, aux droits de laquelle se trouve la société Verre équipements, occupaiten dernier lieu les fonctions d’assistante commerciale. Elle a été licenciée pour faute grave le 27 septembre 2017 pour avoir copié sur plusieurs clés USB lui appartenant
Can an employee who insults his superiors in professional SMS exchanges be dismissed? Mr. [K] was hired as business unit manager by MAPE (the company) on November 4, 2011. As of September 20, 2016, in addition to his other duties, he was appointed advisor to the Chairman. He was dismissed on April 17, 2018, for gross misconduct. The letter of dismissal
Can an economic entity within the meaning of Article L 1224-1 of the French Labor Code be the product of several companies? The employees were hired by Intel Corporation (Intel) and Intel Mobile Communications France (IMC). The Intel and IMC companies belonged to the Intel Group, which reorganized its activities worldwide during 2016. On July 1, 2017, the embedded software research
Can a union representative be prosecuted for recording his employer without his knowledge? On April 13, 2017, Mr. [O], general manager of M…, lodged a complaint and a civil action against Mr. [K], a technical agent at this establishment and union delegate, for, among other things, invasion of privacy by recording private or confidential words See the rest of the article
Can objectives be set in a language other than French? [D] was hired as a project manager by Unisys France on March 15, 2004. He last held the position of pre-sales resources project manager. On December 27, 2017, the employee filed a claim with the labour court relating to the performance and termination of his employment contract. See the rest of
Does an appeal against a notice of unfitness suspend the obligation to resume payment of an unfit employee’s salary? Mr.[X] was hired as administrative and financial manager on June 5, 1990 by the company operating the [T] establishments. Placed on sick leave with effect from May 17, 2018, the employee was declared unfit for his position at a medical examination on
Should a temporary employee benefit from the PEPA bonus set up by the user company? Ms [U], a temporary employee of the FED finance temporary employment agency, carried out temporary assignments from April to December 2018 with Allianz Vie. Allianz Vie introduced an exceptional purchasing power bonus for its employees. In its unilateral decision of January 23, 2019, the user company
Can illicit video surveillance be used as evidence in a dismissal for misconduct? On January 7, 2003, Ms. [M] was hired by Pharmacie mahoraise as a cashier. She was dismissed for serious misconduct by letter dated July 19, 2016 and brought an action before the labour tribunal to contest the dismissal and obtain payment of various sums in severance pay and
Does the temporary breach of a non-competition clause result in the loss of payment of the financial consideration for the future? Mr [E] was hired as a technical sales manager on March 10, 2006 by TP Plus. The employment contract included a non-competition clause. The employee resigned on January 11, 2018. TP Plus noted a breach of the non-competition clause by