Presentation of the bill on emergency measures relating to the functioning of the labour market
Bill of law providing emergency measures relating to the functioning of the labour market
The bill creates a “presumption of resignation” in the event of an employee abandoning his or her post, if he or she has been given prior notice by his or her employer. The employee may contest the termination of his or her employment contract based on this presumption by bringing the matter before the Labour Court. As a resigning employee, the employee does not receive unemployment benefits.
Current case law: autonomy of the consultation of the CSE on a specific project and on strategic orientations
Cass. Soc. 21st September 2022, n°20-23.660
For the first time, the Court of Cassation states that “the ad hoc consultation on the modification of the economic or legal organization of the company or in case of restructuring and reduction of the workforce is not subordinated to the prior respect by the employer of the obligation to consult the social and economic committee on the strategic orientations of the company”. There is therefore no reason to suspend the consultation on the specific project until the end of the consultation on the strategic orientations. Consequently, there is no offence of obstruction giving rise to damages.
Current case law: a trade union can request the suspension of the internal regulations, in case of absence of consultation of the CSE
Cass. Soc. 21st September 2022, n° 21-10.718
The Court of Cassation recognizes that in the name of the defense of the collective interest of the employees, a trade union is entitled to request in summary proceedings the temporary suspension of the internal rules of the company due to a failure to consult the CSE.
Focus on the resumption visit
Law n°2021-1018 to reinforce prevention in occupational health
Since April 2022, all employees benefit from a return visit:
• After a maternity leave,
• After an absence for professional illness
• After an absence of at least 30 days due to an industrial accident,
• After an absence of more than 60 days (and no longer 30 days) due to a non-occupational illness or accident.
Focus on the revaluation of the annual social security ceiling for the year 2023
News from the Official Bulletin of the Social Security
The annual social security ceiling will rise to €43,992 on January 1, 2023, an increase of 6.9%. The social security ceiling is used as a threshold for triggering exemptions from social security contributions, particularly in the case of s
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