Must an employee who has been discriminated against necessarily prove that they have suffered harm? Mr. [G] was hired on October 1, 1995 as a forklift operator. A staff representative since 2013, he was declared unfit for his job on May 6, 2019. On November 12, 2019, the labor inspector issued a decision refusing to authorize the employee’s dismissal on grounds
In the event of unfair dismissal, is the reinstated employee entitled to severance pay? Mr. [F] was hired on February 24, 1997, by Pages Jaunes, which later became Solocal. His last position was field sales manager. On September 24, 2019, the employee went on sick leave until August 2020. Dismissed for misconduct on April 8, 2020, he brought various claims before
Does signing a mutual termination agreement prohibit dismissal for serious misconduct? On January 15, 2018, the parties signed a mutual termination agreement to take effect on June 30, 2018, providing for the payment of specific severance pay. At the end of the withdrawal period, the agreement was sent to the Direccte and was approved. On April 11, 2018, the employee was
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