Labor & Employment

Wherever a dismissal is declared null and void because it is based on a prohibited or unlawful ground, the judge is required to examine the other grounds for dismissal, if any, that have been raised in order to determine the amount of the specific compensation to be awarded to the employee… But only if he/she is expressly asked to do so by the employer.

With respect to dismissals on disciplinary grounds, the one-month period for notifying an employee of his/her dismissal is counted from date to date. The setting by the employer of a date for a new pre-dismissal interview, due to the non-attendance of the employee at the initial interview, does not interrupt the one-month period.

The 2022 Rectifying Finance Law of August 16, 2022 provides for social measures to improve purchasing power that the employer can take advantage of.

These measures include, but are not limited to, the new value-sharing bonus, more flexibility on professional expenses, the buyback of RTT days and new provisions to support employee savings.

In case of unsubstantiated abuse of a fundamental freedom relied upon to justify the dismissal of an employee, the dismissal is void even if other grounds could justify the termination of the employment contract.

In a decision issued on June 29, 2022, the Cour de Cassation (French Supreme Court) applied for the first time the principle of “contaminating ground for dismissal” in the context of the use of freedom of expression.

In order to strengthen the protection of whistleblowers and prevent the risks of retaliation measures within their company, Law No. 2016-1691 of December 9, 2016 on transparency, the fight against corruption and the modernization of economic life requires companies with more than 50 employees to set up an internal whistleblowing system.

Law No. 2022-401 of March 21, 2022 designed to improve the protection of whistleblowers requires companies to update their internal whistleblowing system.

The “Protection of purchasing power” draft Bill dated June 27, 2022 reforms the so-called Macron bonus implemented in 2018.

As from August 1, 2022, companies will be entitled to to pay their employees an annual purchasing power bonus exempt from income tax and social security contributions under certain conditions.