Can an employer contact an employee’s doctor and obtain information covered by medical confidentiality? Ms. [T] was hired as a sales assistant by Pronovias France on July 23, 2012. Believing herself to be a victim of psychological harassment, the employee, who was dismissed for genuine and serious cause on August 31, 2018, brought a claim before the labor court for the
ALIGNMENT OF FRENCH LAW WITH EUROPEAN LAW On September 13, 2023, the Court of Cassation reversed its case law, recognizing employees’ right to accrue paid leave during sick leave. The Law of April 22, 2024 reinforced this rule, which stems from European law, with a limit of 24 days per year for non-work-related sick leave. See the rest of the article
Disability, incapacity, retirement, provident funds, compensation, dismissal… Knowing your rights is essential for preparing for your return to work with peace of mind. During this webinar, Nicolas Durand-Gasselin and Guillaume Verdier, lawyers at the Paris Bar for over 20 years, will help you better understand your rights and answer all your questions. See the rest of the article
Can a manager’s inappropriate comments during working hours constitute a breach of the duty of care? Mr. [C] was hired on December 26, 2011, by Brand & Celebrities, now known as Kolsquare. His last position was sales director. He was dismissed for serious misconduct on March 6, 2019, and brought his case before the labor court, which dismissed his claims. The
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