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Labor & Employment

22 February 2022 | Soulier Avocats

Additional requirement concerning the employer’s redeployment obligation when an employee is declared unfit for work: This obligation must be fulfilled with loyalty!

In a decision dated January 26, 2022, the Cour de Cassation (French Supreme Court) clarified that the presumption introduced by Article L. 1226-12 of the French Labor Code only applies if the redeployment position offered to an employee declared unfit for work is as comparable as possible to the position previously held by that employee, thereby imposing a duty of loyalty on the employer.

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26 January 2022 | Soulier Avocats

Variable remuneration: Don’t forget at the beginning of each year to set objectives that are … realistic!

In a ruling dated December 15, 2021, the Cour de Cassation (French Supreme Court) upheld the decision of a Court of Appeals that had ordered an employer to pay back pay for variable remuneration, the objectives of which were neither realistic nor revised every year.

Variable remuneration, whenever provided for in the employment contract, is a component of the salary that makes it possible to determine compliance with the minimum salary provided for by law or the applicable collective bargaining agreement .

The payment of this variable remuneration is in principle conditional upon the achievement of annual objectives by the employee.

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30 December 2021 | Soulier Avocats

Game, set and match for the “Macron scale”

In a ruling dated December 15, 2021, the Cour de Cassation (French Supreme Court) overturned the decision of a Court of Appeals that had awarded an employee compensation for dismissal without real and serious cause in excess of the so-called “Macron scale”.

Since the publication of the Ordinances of September 22, 2017 which introduced minimum and maximum amounts of compensation that can be awarded for a dismissal held without real and serious cause, French courts have dealt with numerous attempts to have this scale declared illegal, in particular the compensation ceilings determined according to the employee’s seniority within the company at the date of the termination of his/her employment contract.

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26 November 2021 | Soulier Avocats

Part-time employees: The distribution of working hours must be set forth in the employment contract

The employment contract of a part-time employee must fix the weekly or monthly distribution of working hours, failing which the part-time contract is to be reclassified as a full-time one.

In a decision dated November 17, 2021, the Cour de Cassation (French Supreme Court) strictly applied the provisions of Article L.3123-6 of the French Labor Code that lists the mandatory information to be included in a part-time employment contract.

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