General Labor Law News – 2009

  • Posted on 29.12.2009 at 23:00, modified on 11.07.2017 at 16:19..

    The volume of exemptions from social insurance contributions is increasing every year, and 2008 was no exception to this rule. A recent study provides insight into the scope of the various measures in place and the impact of changes in legislation.

  • Published on 28.12.2009 at 23:00, modified on 07.11.2017 at 16:19.

    An employer who uses a company employment service voucher (TESE) must fill out a monthly declaration allowing, among other things, to establish the payroll and the amount of social security contributions due. The content of the social section of this declaration has just been clarified, as well as the date of its dispatch.

  • Published on 27.12.2009 at 23:00, modified on 07.11.2017 at 16:19.

    You plan to punish an employee for professional misconduct. At the pre-interview, you offer him a choice: either he resigns or you fire him. Please note that dismissal is not an alternative to disciplinary dismissal. If he committed a misdemeanor, you must use your disciplinary power.

  • Published on 23.12.2009 at 23:00, modified on 07.11.2017 at 16:19.

    Xavier Darcos, Minister of Labor, announced in an interview with Le Parisien that small and medium-sized enterprises will have an additional three-month period to negotiate the employment of older people.

  • QUESTION ANSWER

    Published on 23.12.2009 at 23:00, modified on 18.07.2017 at 14:24.

  • Published on 22/12/2009 at 23:00, modified on 11/07/2017 at 16:19.

    Between 2003 and 2008, the number of hidden offenses at work more than doubled. The figure is impressive, but it is connected, first of all, with an increase in the number of checks. Some industries have been hit harder than others.

  • Posted on 21.12.2009 at 23:00, modified on 11.07.2017 at 16:19..

    The dismissal of an employee for health reasons is prohibited by the Labor Code. However, it is possible to dismiss an employee if his prolonged absence disrupts the functioning of the company. If the dismissal is motivated by a disruption in the functioning of the service, the dismissal will be without a real and serious reason.

  • Published on 20.12.2009 at 23:00, modified on 11.07.2017 at 16:19.

    The year 2009 is coming to an end… The last 12 months have been marked by many important events: the economic crisis, forced negotiations, the reform of vocational education and so on. This is an opportunity for Tissot Editions to summarize some of the labor law measures taken this year and still in effect in 2010.

  • Published on 20.12.2009 at 23:00, modified on 11.07.2017 at 16:19.

    When an employee concludes an individual labor contract (CRP), his labor contract is considered terminated by mutual agreement. However, the employer must pay him severance pay. A very important clarification has just been made regarding the calculation of this compensation.

  • Published on 20.12.2009 at 23:00, modified on 11.07.2017 at 16:19.

    This week we’re answering a question from MW, an HR manager in the steel industry, who asks if he has any end-of-contract documents to provide to an employee in the event of a sabbatical.

  • Posted on 12/17/2009 at 23:00, modified on 07/11/2017 at 16:19..

    An employee, a staff representative, can no longer do his job after, for example, losing his driver’s license. You are waiting for the labor inspector’s permission to fire him. Of course, it does not work, but this should not be forgotten at the time of payment.

  • QUESTION ANSWER

    Published on 12/16/2009 at 23:00, modified on 07/18/2017 at 15:12.

  • Published on 12/16/2009 at 23:00, modified on 07/11/2017 at 16:19.

    The specific severance pay must not be less than the legal severance pay or the severance pay stipulated by your collective bargaining agreement. But what to do when your collective agreement provides for two types of severance pay (for personal reasons and for economic reasons)?

  • Posted on 12/15/2009 at 23:00, modified on 07/11/2017 at 16:19..

    The minimum hourly wage will be increased from January 1, 2010. Xavier Darcos, Minister of Labor, will submit a proposal to the Council of Ministers today to raise the minimum wage by 0.5%. Thus, the gross hourly rate of SMIC 2010 will increase to 8.86 euros.

    Check whether the level of the minimum wage and generally accepted minimums are observed.

  • Published on 12/15/2009 at 23:00, modified on 08/01/2017 at 12:37.

    720,000: This is the number of workplace accidents that caused at least one day off in 2007. Every 15 accidents had irreversible consequences, 625 led to death. Preventing this risk is all the more important when we know that some employees are more vulnerable than others.

  • Posted on 12/14/2009 at 23:00, modified on 07/11/2017 at 16:19..

    Before controlling a company, the Council of State now requires the CNIL to inform the person in charge of the premises of their right to object. This is not provided for by the law “Informatique et Libertés”. CNIL did not fail to respond.

  • Published on 12/13/2009 at 23:00, modified on 07/11/2017 at 16:19..

    This week we are answering a question from Ms. F., an executive in the furniture sector, who wants to know if dressing and undressing times need to be paid when a dress code is introduced for employees.

  • Published on 12/13/2009 at 23:00, modified on 07/11/2017 at 16:19..

    As you know, the formalism associated with the procedure for dismissal for any reason requires great rigor. The slightest mistake or omission is never insignificant and can cost a company dearly. So when judges show a certain tolerance, it should be known!

  • Published on 12/13/2009 at 23:00, modified on 07/11/2017 at 16:19..

    The purpose of the settlement agreement is to end an existing or future dispute, for example, about the circumstances of the dismissal. Please note that in this case, the notice of dismissal must be sent to the employee by registered mail with acknowledgment of receipt.

  • Posted on 12/10/2009 at 23:00, modified on 07/11/2017 at 16:19..

    DADS (Annual Social Data Declaration) for 2009 must be submitted no later than January 31, 2010. Its paper version is simplified for layoffs of employees aged 55 and over.

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