In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.
These rulings concern inter alia the employer’s inexcusable fault, the signature of mutual separation agreements, harmful management practices and serious misconduct, and automatic compensation for breach of the employees’ right to rest.
In recent weeks, the Cour de Cassation (French Supreme Court) has issued a number of rulings providing useful clarification on issues that are important to companies and their corporate officers.
These rulings concern inter alia the criminal liability of employers in the context of their obligation to ensure the safety of their employees, a reversal of case law pertaining to the right of evidence in civil matters, the absolute protection of an employee on maternity leave against dismissal, and the compensation due to an employee using his/her home for professional purposes.
The transposition Law of November 29, 2023 incorporates most of the proposals of the national interprofessional agreement on value sharing of February 10, 2023.
From December 1, 2023 to December 31, 2023, companies that have already paid a value-sharing bonus (PPV) to their employees in 2023 will be able to pay a second value-sharing bonus under preferential social and tax arrangements.
In a ruling issued on May 11, 2023, the Cour de Cassation (French Supreme Court) held that an employment contract may impose on an employee the obligation to repay part of his/her “welcome bonus” if he/she resigns before the date on which full payment of the bonus is due.
Whereas previously the abandonment of a job by an employee could constitute a misconduct that justified a dismissal, the so-called Labor Market Law has introduced a presumption of resignation when an employee voluntarily abandons his/her job, in order to limit the use of this practice by employees.
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