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Newsletter Employment law – mars 2024

BCTG Avocats

Published on 21 March 2024 at 17h48

Reading time 3 minutes

Government amendment to the bill “adapting to European Union law”.

Following the Conseil d’Etat’s opinion of 11 March 2024 validating various provisions of the bill “adapting European Union law”, the government has tabled an amendment to the bill. The key measures include :

  • Periods of employee absence due to accident or non-occupational illness to be treated as actual working time;
  • An extension, beyond one year, of the assimilation of periods of absence by an employee due to an accident or occupational illness to actual working time;
  • The introduction of a maximum 15-month carry-over period for paid leave earned but not taken due to illness or accident, it being specified that the starting point of the period begins, for employees who have been off work for at least one year and whose employment contract continues to be suspended, at the end of the earning period. In other cases, the period runs from the time the employer informs the employee of the number of days available to him after his return to work.
  • The limitation of paid leave earned during a period of absence from work due to non-occupational illness to two working days per month (i.e. 4 weeks per year);
  • The introduction of a time limit of 2 years from the date of entry into force of the law for actions to enforce an employment contract for the granting of paid leave;
  • The obligation for employers to inform employees returning from sick leave or accident leave, within 10 days of resuming work, of the number of days of leave available to them (1) and the date until which they may take them (2).

Case law news: the legitimacy of evidence derived from unlawful video surveillance.

Cass. soc., 14 fév. 2024, n°22-23.073 Applying the rules relating to the right to evidence in civil proceedings, the Court took up the Court of Appeal’s arguments and accepted, firstly, the legitimacy of the inspection carried out by the employer on the grounds that customers could have committed the thefts in question. It then justified that the viewing of the video surveillance cameras was essential to justify the discrepancies in the inventories. Finally, the Court found that the interference with the employee’s personal life was proportionate, on the grounds that the viewing of the cameras was limited in time.

The Court therefore ruled that the evidence obtained by the employer through unlawful video surveillance complied with procedural fairness in this case and was sufficient to justify the employee’s dismissal for gross misconduct.

Case law news: the criteria used by the Court to identify the geographical sector.

Cass. Soc., 24 janv. 2024, n°22-19-752 In this ruling, the Court of Cassation provides further clarification on the criteria to be used in assessing the geographical sector when the employer wishes to change the employee’s place of work. In addition to the traditional criteria studied (absence of public transport, car-pooling difficulties), the Court also took into account financial criteria, in that the use of a personal vehicle constitutes additional constraints for the employee, resulting in a change to the employment contract.

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