The new legal rules on paid leave entitlement during a medical leave, and on the taking of such paid leave, introduced by Law No. 2024-364 of April 22, 2024, became effective on April 24, 2024.
With a few exceptions, these new rules apply retroactively for the period between December 1, 2009 and April 24, 2024 (the day after publication of the Law).
In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.
These rulings concern inter alia the employer’s inexcusable fault, the signature of mutual separation agreements, harmful management practices and serious misconduct, and automatic compensation for breach of the employees’ right to rest.
In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.
These rulings concern inter alia the criminal liability of employers in the context of their obligation to ensure the safety of their employees, a reversal of case law pertaining to the right of evidence in civil matters, the absolute protection of an employee on maternity leave against dismissal, and the compensation due to an employee using his/her home for professional purposes.
The transposition Law of November 29, 2023 incorporates most of the proposals of the national interprofessional agreement on value sharing of February 10, 2023.
From December 1, 2023 to December 31, 2023, companies that have already paid a value-sharing bonus (PPV) to their employees in 2023 will be able to pay a second value-sharing bonus under preferential social and tax arrangements.
Since September 1, 2023, a new social regime applies to the mutual termination indemnity.
The mutual termination indemnity is no longer subject to the 20% flat-rate contribution but to a single contribution of 30%.
In a ruling issued on May 11, 2023, the Cour de Cassation (French Supreme Court) held that an employment contract may impose on an employee the obligation to repay part of his/her “welcome bonus” if he/she resigns before the date on which full payment of the bonus is due.
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