Case law news: focus on the organisation of the individual interview in the context of a fixed working day agreement.

Cass. soc., 10 janv. 2024, n° 22-15.782 It has been ruled that the presence of internal constraints within the company, such as the resignation of the CEO, is not sufficient to justify a delay in organising the annual individual interview. Relying on Articles L.3121-64 and L.3121-65 of the French Labour Code, the judge ruled that, in this case, the fixed-term contract was null and void and the employee could claim payment for the overtime worked.

Case law news: focus on breach of the non-competition clause.

Cass. soc., 24 janv. 2024, n°22-20.926 The Cour de cassation has ruled that an employee who breaches a non-competition clause in an employment contract immediately upon termination of the contract or shortly thereafter is permanently deprived of the financial compensation to which he is normally entitled. The Court added that this rule applies even if the breach is only temporary (6 months in this case) and the employee respects the clause after the breach.

Ruling of the Conseil Constitutionnel: on paid leave and suspension of the employment contract due to illness.

Cons. const., 8 fév. 2024, n°2023-1079 The Conseil Constitutionnel has declared that the provisions of Articles L.3141-3 and L.3141-5, 5° of the French Labour Code are compatible with the Constitution. These provisions prevent the acquisition of paid leave during periods of absence from work due to non-occupational illness, in that they do not provide for periods of non-occupational illness to be considered as actual working time, and limit the periods of suspension of work due to an accident at work or occupational illness to one year.
However, a response from the legislator is awaited in this area. Several avenues are being considered: capping at 4 weeks the amount of paid leave that can be earned during a period of absence from work due to non-occupational illness, or introducing a limit on the right to carry over paid leave earned by employees on sick leave.

FOCUS ON THE 2024 OLYMPIC GAMES:

New law: focus on the increase in the mobility payment rate
Law n° 2023-1250 of 26 december 2023 on the financing of social security for 2024

With a view to financing the operating costs associated with the forthcoming Olympic Games, in particular through the renewal of infrastructure and the creation of a new metro line, employers in the Ile-de-France region will have to cope with a 0.25 point increase in the mobility payment rate from 1 February 2024. This will increase from 2.95% to 3.20%.