Social news of the week: alcohol in the workplace, retraining of fixed-term contracts and medical examination

Limiting alcohol consumption in the workplace

The consumption of wine, beer, cider and perry is permitted in the workplace. However, the employer is prohibited from admitting persons in a state of intoxication or being at the workplace.

He really has an obligation to ensure the safety and health of workers. This can be done by limiting, limiting or banning alcohol consumption in the workplace. However, this restriction must be proportionate to the aim pursued and justified by the task to be performed. It should also be included in the rules of procedure or in the memorandum.

The Council of State has clarified in this regard that there is no need to exercise risk in order to allow the employer to limit the possibility of drinking alcohol in the company (Conseil d’Etat, 1st and 4th chambers combined, March 14, 2022, no. 434343).

In this case, all employees of the plant were exposed to safety risks due to the activities performed there (in particular, stamping, sheet metal work, painting, assembly, requiring the use and handling of chemicals). Thus, the ban on the introduction, distribution or consumption of alcoholic beverages in the institution was justified by the nature of the tasks performed and proportionate to the aim pursued.

Re-qualification of CDD in KDI in the absence of the signature of the parties

CDDs must be in writing. Otherwise, the employee may apply for retraining for a permanent contract. And the employer cannot provide evidence to the contrary.

Requalification will lead, in particular, to the following consequences:

  • payment to the employee of a retraining allowance, which cannot be less than 1 monthly salary;
  • payment of pay reminders corresponding to periods not worked between several fixed-term contracts reclassified to permanent contracts when the employee has provided himself to the employer;
  • possible penalties for the employer: a fine of 3,750 euros, increased to 7,500 euros and imprisonment for 6 months in case of relapse;
  • re-qualification of the term of a fixed-term contract as dismissal upon termination of employment. In this case, the employee will receive severance pay, unfair dismissal compensation, notice compensation and paid leave. With the preservation of the premium for unreliability.

At the same time, the courts equate the absence of a signature with a defect in the letter. And this is regardless of whether the missing signature is the signature of the employer or the employee (unless the employee deliberately refuses to sign his contract in bad faith or has fraudulent intent). This was recently recalled by the Court of Cassation (cass. sots., March 2, 2022, no. 20-17.454).

Medical support for employees

Two decrees (Decrees No. 2022-372 and No. 2022-373 of March 16, 2022) specify the measures arising from the Health Law, which will come into force on March 31.

contact meeting

A temporary visit may be arranged at the request of the employer or employee if his absence due to an accident or illness exceeds 30 days. The Occupational Health and Prevention Service (new name for the Occupational Health Service) will also be activated.

The purpose of this meeting will be to inform the worker that they may benefit from occupational disintegration prevention, pre-trip inspection or adjustment measures.

Restorative and pre-recovery visit

A pre-recovery visit can be arranged for any stopover of more than 30 days (previously more than 3 months).

As for the rehabilitation visit, which was organized after 30 days, in case of illness or an unprofessional accident, it will increase to 60 days.

These changes will apply to business interruptions starting March 31, 2022.

Professional transition

The Career Transition Project allows employees who wish to change careers or careers to fund certification training in connection with their project.

An employee who wants to use it must justify a certain length of service. However, this will not apply if the employee has experienced in the 24 months prior to their request for a transition project:

  • absence from work due to an occupational disease;
  • or absence from work due to an industrial accident, illness or non-professional accident for at least 6 months.

Essay under supervision

The supervised test will be open in particular to employees of the general scheme who wish to evaluate, in their company or another company, the compatibility of the workplace with their state of health during a break from work. It cannot exceed 14 working days with the possibility of a one-time extension.

The company in which the insured will carry out the controlled test will not pay any remuneration. The employee will continue to receive IJSS and additional allowances.

Supervised testing may be offered by CARSAT, an occupational health service, or an employment organization specializing in the integration of people with disabilities.

These measures will apply to work stoppages that are ongoing as of March 31, 2022.

Agreement on professional retraining in the company

Employees who have been declared unfit or for whom an occupational health doctor has identified a risk of unfitness during a pre-return inspection can benefit from a professional retraining agreement with the company. This is done so that the employee concerned can successfully reintegrate into the company or prepare him for a change of position in this or another company.

This agreement is between the employer, employee and CPAM. It determines the methods of conducting professional retraining, as well as the amount and conditions for the payment of IL. The agreement cannot be concluded for more than 18 months, taking into account the stoppage of work prior to its implementation.

These provisions apply to work stoppages ongoing as of March 31, 2022.

Post-exposure or post-professional observation

The employer must always inform his occupational health service as soon as he learns of the departure or retirement of one of the employees of the company. But now also stopping exposing one of the company’s employees to particular risks to their health or safety justifies increased individual controls.

An employee who believes that he is entitled to a visit and has not been informed of the transfer of this information by the employer may request the use of this visit directly with his occupational health service. The request can be made during the month preceding the date of the end of the exhibition or its departure, and up to 6 months after the end of the exhibition.

The occupational health doctor draws up a list of the worker’s exposure to occupational risk factors. He will give it to the employee, and also add it to the medical record for labor protection.

If he discovers that a worker is exposed to certain dangerous risks, in particular chemicals, he must arrange for post-exposure or post-professional monitoring in conjunction with the attending physician and medical adviser of social security organizations. This monitoring will take into account the nature of the risk, the health status and age of the person concerned.

These new rules will apply to workers whose exposure cessation was recorded as of March 31, 2021.

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