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Labor & Employment

20 June 2022 | Claire Filliatre

The internal whistleblowing system must be adapted to comply with the Law designed to improve the protection of whistleblowers that will come into force on September 1, 2022

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.

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30 May 2022 | Matthieu Blaschczyk

Optional profit-sharing scheme: The late filing of the agreement results in the loss of the right to social security exemptions

In a decision issued on May 12, 2022, the Cour de Cassation (French Supreme Court) recalled that the filing by the employer of the optional profit-sharing agreement after the 15-day period following its conclusion results in the loss of the right to social security exemptions for the first financial year in which the agreement becomes effective.

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24 March 2022 | Fabien Pomart

Working time: Focus on the fixed number of working days per year (“forfait jours”)

The so-called annual forfait jours working time arrangement[1] allows the employer to derogate from the legal working time of 35 hours per week and the payment of overtime hours. The formalities and requirements for setting up this type of working time arrangement as well as the obligations associated therewith are summarized in the infographic below. […]

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22 February 2022 | Fabien Pomart

Additional requirement concerning the employer’s redeployment obligation when an employee is declared unfit for work: This obligation must be fulfilled with loyalty!

In a decision dated January 26, 2022, the Cour de Cassation (French Supreme Court) clarified that the presumption introduced by Article L. 1226-12 of the French Labor Code only applies if the redeployment position offered to an employee declared unfit for work is as comparable as possible to the position previously held by that employee, thereby imposing a duty of loyalty on the employer.

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