Posts

< Back

Employment Law Newsletter – February 2022

BCTG Avocats

Published on 24 February 2022 at 9h56

Reading time 3 minutes

Covid 19’s news: Adjustment of measures to control the spread of Covid-19
National protocol to ensure the health and safety of employees in the workplace updated on January 22nd 2022

  • Telework : since February 2nd 2022, telework is only recommended, so it is no longer necessary to set a minimum number of 3 to 4 days per week.
  • Catering: from January 27th until April 30th 2022 (no later than July 31st 2022): in companies with at least 50 employees, when the catering room does not guarantee compliance with the rules of physical distancing, the employer may organize the catering of its employees in another place that does not meet the usual legal conditions.

Entry into force of the “Vaccination Pass” on January 24th 2022
Law No. 2022-46, 22 Jan. 2022: OJ, 23 Jan.

From January 24th until July 31st 2022: compulsory vaccination pass in public spaces formerly subject to the health pass. NB: department stores and shopping centers are not concerned, unless decided by the prefect, if the risks of contamination justify it.

  • Consequences of the employee’s lack of a vaccination pass : suspension of the employment contract and salary, and invitation to an interview beyond 3 working days.
  • Penalties in case of non-compliance with the vaccination pass: fine of 500 euros per employee, up to a limit of 50,000 euros

Whistleblower protection: where do we stand?
Proposal for a law to improve the protection of whistleblowers, 1 Feb. 2022

Deputies adopted the final version of the bill to improve the protection of whistleblowers. Senators must vote on February 16th before the text is enacted.

This bill provides in particular:

  • a broader definition of whistleblowers: requirement of no financial compensation, possibility of disclosing “reported” information but only in the workplace;
  • a new status for the entourage of whistleblowers: the “facilitators” of the whistleblower (natural persons and non-profit legal persons (trade unions and associations)) are now protected against retaliation action ;
  • a simplification of reporting channels: open choice between internal and external reporting to the competent authority, ….;
  • the strengthening of protection measures: completes the list of prohibited retaliation actions (intimidation, damage to reputation, particularly on social networks, etc.).

Current case law: the implementation of the mobility clause in the event of changes in store locations
Cass. Soc., 19 Jan. 2022, n°20-15.541

To improve its profitability, Mango has made changes to the location of its stores. Employees who refused to change their place of work, pursuant to their mobility clause, were dismissed.

The Court of Cassation considered that these dismissals following the employees’ refusal to change their assignment constituted dismissals for personal reasons and not dismissals for economic reasons.

Professional Equality Index: published before March 1st 2022
Ministry of Labour press release of 3 February 2022

By March 1st 2022, all companies and UES with at least 50 employees must have calculated and published their equality index on their website. They will also have to send their results to the services of the Ministry of Labour via the index-egapro.travail.gouv.fr website and to their CSE.

See also...

View all news