Case law news: multiple mandates (trade union delegate and trade union representative on the CSE).

Cass. soc., 20 mars 2024, n° 23-18.331 The Court of Cassation has annulled the decision taken by the trade union of an entity, employing fewer than fifty employees, to appoint the same employee as both a trade union representative in the social and economic committee (CSE) and a trade union delegate. According to established case law, and the law, it is not possible, in companies with fewer than 50 employees, to appoint a trade union representative to the CSE and to appoint a trade union delegate as a trade union representative to the CSE, even if there exist more favorable contractual provisions.

Case law news: the seniority requirement for social and cultural activities.

Cass. soc., 3 avril 2024, n°22-16.812 The right to benefit from social and cultural activities cannot be subject to a condition of seniority in the company. The article of the general regulations on the company’s social and cultural activities that introduces a six-month waiting period before allowing new employees to benefit from such activities must therefore be annulled, notwithstanding the fact that the social and economic committee is free to define its actions in terms of social and cultural activities.

Case law news: entitlement to daily social security benefits.

Cass. soc., 21 mars 2024, n°21-18.015 In this ruling, the Court of Cassation clarified that only wages actually paid during the period preceding the sick leave (reference period) should be taken into account to determine entitlement to daily social security benefits (IJSS). In the case in point, therefore, salary arrears corresponding to work carried out during the reference period but paid after the sick leave cannot be taken into account in determining entitlement to IJSS.

FOCUS ON THE 2024 OLYMPIC GAMES:

DGT instruction on the organization of the labor inspection system for the 2024 Olympic and Paralympic Games of 19 March 2024

The DGT has explained how the labour inspectorate will be monitoring the Olympic and Paralympic Games. These will be stepped up before and after the Games, as well as during the competition phases, particularly in security, cleaning, transport and catering companies.

Checks will focus mainly on compliance with maximum working hours and conditions of employment for young workers, and on the fight against illegal employment.

Companies subcontracting on the Olympic and Paralympic Games sites may also be inspected, as a side effect of the controls made on their own subcontractors operating on their site.