{"id":12033,"date":"2022-07-12T09:03:00","date_gmt":"2022-07-12T09:03:00","guid":{"rendered":"https:\/\/www.alerionavocats.com\/?p=12033"},"modified":"2022-07-12T09:03:02","modified_gmt":"2022-07-12T09:03:02","slug":"french-employment-law-update-july-2022","status":"publish","type":"post","link":"https:\/\/www.alerionavocats.com\/en\/french-employment-law-update-july-2022\/","title":{"rendered":"French employment law update \u2013 July 2022"},"content":{"rendered":"\n

Keep it in mind #1: Working time in days: don\u2019t forget the annual interview!<\/strong><\/p>\n\n\n\n

Each year, employees who are subject to a working time scheme set up in days (\u201cforfait jours<\/em>\u201d) must benefit from an interview aimed at discussing their workload, the balance between their personal and professional life, their remuneration and the organization of working time within the company.<\/p>\n\n\n\n

This interview must be separate from the performance review and must be documented.<\/p>\n\n\n\n

In the absence of such an interview, the \u201cforfait jours<\/em>\u201d may be deemed void, allowing the employee to request the payment of overtime and\/or damages.<\/strong> <\/p>\n\n\n\n

Case law: Validity of the \u201cMacron\u201d damages scale<\/strong><\/p>\n\n\n\n

In 2017, the French government set up a scale of indemnification for dismissals deemed without cause, with ceilings for damages. <\/p>\n\n\n\n

Some Labor and Appeal Courts dismissed the application of this scale, based on the interpretation of European and international rules.<\/p>\n\n\n\n

The French Supreme Court ruled on this matter in two recent decisions: the scale is validated and may not be quashed by judges.<\/strong><\/p>\n\n\n\n

French Supreme Court \u2013 11th<\/sup> May 2022, n\u00b021-14.490 and 21-15.247<\/em><\/p>\n\n\n\n

Social database: environment indicators<\/strong><\/p>\n\n\n\n

Companies with more than 50 employees shall implement a social database with various indicators regarding finance and HR topics. Such database shall now be completed by indicators related to the environmental impact of the company\u2019s activity.<\/strong> These indicators may be agreed through a company-wide collective bargaining agreement. If not, a recent decree sets the items to be integrated, which includes: waste management in the company, assessment of the environmental impact of the company, energy and water consummation and emission of greenhouse gas. <\/em><\/p>\n\n\n\n

Decree 2022-678 of April 26th<\/sup> 2022<\/em><\/p>\n\n\n\n

Article: Deliveroo France found guilty of undeclared work<\/strong><\/p>\n\n\n\n

The Paris Criminal Court convicted the platform Deliveroo and three of its former managers of \u201cundeclared work\u201d.<\/p>\n\n\n\n

Jacques Perotto and Quentin K\u00e9raval present their analysis of the decision<\/strong><\/a>.<\/p>\n\n\n\n

Case law focus: working time<\/strong><\/p>\n\n\n\n

(i) The French Supreme Court is aligned on EU case law, and ruled that an employee who exceeded the maximum working time is automatically eligible to damages without having to prove the existence of a prejudice.<\/p>\n\n\n\n

The French Supreme court thus created a new exception to the principle established in 2016, according to which the existence and extend of prejudice must be demonstrated by the plaintiff.<\/p>\n\n\n\n

French Supreme Court \u2013 26th<\/sup> January 2022, n\u00b020-21.636<\/em><\/p>\n\n\n\n

(ii) A Company which does not justify having taken the necessary measures to ensure that the workload of an employee subject to working time scheme set up in days (\u201cforfait jours<\/em>\u201d) remains reasonable fails in its obligation of safety. The plaintiff employee is thus entitled to damages for the resulting prejudice.<\/p>\n\n\n\n

French Supreme Court \u2013 2nd<\/sup> March 2022, n\u00b020-16.683<\/em><\/p>\n\n\n\n

Case law: intentionality of moral harassment<\/strong><\/p>\n\n\n\n

Moral harassment is both a civil and criminal offense. However, there is a major difference between both qualifications:<\/p>\n\n\n\n