France Employment Law Newsletter - April 2015


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In this issue:

  • Contractual termination and dismissal, connections and complications: clarification by the French Supreme Court:
    • Mutual severance agreement subsequent to dismissal amounts to withdrawal of the dismissal (Cass. soc., 3 March 2015, n°13-20549)
    • Mutual severance agreement does not automatically involve waiver by the employer of the initially initiated disciplinary procedure (Cass. soc., 3 March 2015, n°13-15.551)
    • Mutual severance agreement does not automatically involve suspension of the limitation period (Cass. soc., 3rd March 2015, n°13-23348)
  • No impact of a general waiver clause in a settlement on the employee's rights over stock options (Cass. soc., 11th March 2015, n°13-25828)
  • A trade union body is well-founded to request that a short-term contract be reclassified as a permanent contract before the Tribunal d’instance in the context of an electoral dispute (Cass. soc., 17th December 2014, n°14-13.712 and 14-60.511).
  • Non-competition cause: the possibility for the employer to unilaterally waive this clause during performance of the employment contract must be expressly agreed (Cass. soc., 11th March 2015, n°13-22.257)
  • Non-competition clause: detail regarding financial consideration (Cass. soc., 11th March 2015, n°13-23.866)
  • An employee who is victim of discrimination and moral harassment may receive double compensation (Cass. soc., 3rd March 2015, n°13-23.521).
  • Implementation of measures by the employer to bring to an end a situation of moral harassment does not exclude a breach of the employer's obligation to provide a safe workplace, which breach may justify constituting termination of the employment contract (Cass. soc., 11th March 2015, n°13-18.603)
  • Indemnity for violation of protective status is subject to social contributions (Cass. 2ème civ., 12th February 2015, n°14-10.886)
  • Suspension as a safeguard measure is possible, even when decided after the preliminary interview (Cass. soc., 4th March 2015, n°13-23.228)
  • Flash: Administrative guidance on the implementation of a personal prevention of difficult working conditions account in 2015