
Decree on the counter-visit mentioned in Article L.1226-1 of the Labour Code.
Official Journal of the French Republic of 6 July 2024, No. 0159
Three new articles (R.1226-10 to R.1226-12), relating to medical check-ups, have been introduced into the Labour Code. This check-up, which can take place at any time during the work stoppage, is carried out by a doctor mandated by the employer who can take decision not only on the merits of the work stoppage but also on its duration.
From now on, employees have other obligations:
- an obligation, from the beginning of the work stoppage, to communicate to the employer their place of rest when it is different from their home,
- an obligation, in the event of a work stoppage marked “free exit”, to communicate to the employer the hours at which the counter-visit may be made,
Case law news: focus on the medical examination.
Cass. soc., 3 juillet 2024, n° 23-13.784
The Court of Cassation clarified that, when the employee informs the employer of the end of his work stoppage and requests the organization of the return visit, the employer is required to arrange the recovery visit.
Previously, the judge had to find out whether the employee demonstrated or intended to demonstrate his willingness to return to work (this condition is no longer required today).
Case law news: focus on the internal investigation into a report of harassment.
Cass. soc., 12 juin 2024, n°23-13.975
The Court of Cassation notes that the absence of an internal investigation, for denunciation of moral harassment, does not necessarily lead to a breach of the employer’s security obligation since the employer has taken the necessary measures to preserve the safety and health of the employee.
This judgment is in line with a previous Air France case law rendered by the Social Chamber of the Court of Cassation on 25 November 2015, at the end of which appears an enhanced security obligation and no longer of result.
Case law news: details on the sector of activity as a scope of assessment of dismissal for economic reasons.
Cass. soc., 26 juin 2024, n°23-15.503
The Social Chamber, reiterating its case law, which broadly assesses the concept of sector of activity, states in its judgment of 26 June that the specialization of an undertaking in a group of companies was not sufficient to exclude its belonging to a wider sector of activity, within which economic difficulties, technological changes or the need to safeguard the competitiveness of the company, should be assessed.
Therefore, a sector of activity does not necessarily include companies that carry out identical activities. It is necessary to observe “other convergent elements” which follow the technique of the “bundle of indices”. This judgment considered in particular: the nature of the products, goods or services delivered, the targeted clientele, the networks and distribution methods without distinguishing differentiated markets.
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