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Newsletter Employment law – may 2024

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Published on 28 May 2024 at 15h51

Reading time 3 minutes

New Act: Act containing various provisions adapting to European Union law.

Law no. 2024-364 of 22 April 2024

This law transforms the system for acquiring paid leave during periods of sick leave under French law :

  • Periods during which the employment contract is suspended due to an accident or occupational disease now entitle the employee to 2.5 days’ paid holiday per month, without limit.
  • Periods of suspension of the employment contract for non-occupational illness/accident now entitle the employee to 2 working days per month, up to a maximum of 24 working days per reference period.
  • When an employee is unable to take his or her accrued paid leave because of a suspension of his or her employment contract due to illness/accident, whether work-related or not, he or she is entitled to carry over his or her remaining leave for a maximum period of 15 months.
  • It is the employer’s responsibility to inform the employee, by any means and in particular via the pay slip, in the month following his return, of the number of days available and the date until which they may be taken.
  • This applies to periods of suspension since 1 December 2009. Employees whose contracts are still in force have a period of 2 years from 24 April 2024 to apply for these days of leave, and for others, a period of 3 years from the termination of their employment contract.

Case law news: focus on the claim for special redundancy pay at the appeal stage.

Cass. Soc., 13 March 2024, no. 21-25.827

An employee who claims not only that his dismissal for unfitness following an accident at work or an occupational disease is devoid of real and serious cause, with the related compensation, but also the payment of the statutory severance pay before the lower courts, is entitled to claim special redundancy pay first time on appeal. According to the Cour de cassation, this latter claim serves the same purpose as the claim in front of the lower courts.

Case law news: focus on the evidential value of a scanned signature.

Cass. com. 13 March 2024, no. 22-16.487

The Court of Cassation has ruled that a scanned signature cannot have the same evidential value as an electronic signature.

FOCUS ON THE 2024 OLYMPIC GAMES:

Guide from the Ministry of Labour, “Aménager l’organisation du travail pendant les Jeux Olympiques et paralympiques”, 23 April 2024.

The Ministry of Employment has produced a guide for companies to help them organize their operations during the Olympic and Paralympic Games. The guide covers 3 main areas:

The first concerns the adaptation of “working hours to take account of peak periods in the transport sector”. To this end, the Ministry recommends changing the company’s opening hours, after informing and consulting the Works Council.

The second encourages the “use of paid leave, time off work and teleworking” during the Games period. The use of paid leave during the Olympic Games is a mere option and not an obligation.This recommandation  is without prejudice of the right of Nike to adapt the paid vacations to its business constraints during this period.

Finally, the third section recommends adapting “working hours to take into account the constraints of companies contributing to the Olympic Games” by making exceptions to maximum working hours or by arranging rest periods (particularly daily and Sunday rest periods).

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