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Publication by the DGEFP of a detailed circular on short-time work

Mayer Brown LLP
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France
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June 19 2012

A detailed circular was published on 4 May 2012 by the DGEFP General Delegation for Employment and Training on all of the recent amendments to the instrument on short-time work (DGEFP Circular 201208 of 4 May 2012 NOR: ETSD1222939C

Can the reply by a former employee to a letter from the employer asking him whether she wished to avail of her priority right to reemployment be considered a request by the employee to avail of this priority right?

Mayer Brown LLP
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France
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June 19 2012

An employee hired as an assembly-line worker was laid off for economic reasons

Is an employer entitled to freely access files which an employee has stored in a folder entitled “my documents”?

Mayer Brown LLP
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France
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June 19 2012

An employee was dismissed for serious fault for having misused his personal computer by recording photographs of a pornographic nature and videos of other employees taken against their will

May an employer examine the telephone statements of a protected employee i.e. an employee protected against dismissal?

Mayer Brown LLP
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France
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June 19 2012

A protected employee brought a case before the labour court seeking a court-ordered termination of his employment contract on the basis, in particular, that his employer had not respected his status of protected employee when it consulted the list of his telephone calls made on the mobile phone with which the company had provided him

Publication of the law on the simplification of legal measures in the Official Journal

Mayer Brown LLP
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France
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June 19 2012

The law of 22 March 2012 concerning the simplification of legal and administrative measures has been published in the Official Journal (Law No. 2012-387 of 22 March 2012, JORF: 23 March 2012

May the facilities accorded by a collective bargaining agreement allowing trade union sites to make a company’s intranet sites mutually accessible through “links” be reserved solely to those trade unions representing workers at company level?

Mayer Brown LLP
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France
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June 19 2012

The trade union “Sud Renault Guyancourt-Aubevoye”, recognised representative at the level of the Guyancourt-Aubevoye establishment was allocated an Intranet site

Can the absence of economic grounds lead to the invalidity of layoff proceedings for economic reasons initiated by an employer?

Mayer Brown LLP
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France
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June 19 2012

The company Viveo France submitted a restructuring project entailing the loss of 64 jobs and a social plan to its works council

Can the victim of an occupational accident or illness due to inexcusable fault on the employer’s part claim specific compensation for sexual impairment and temporary incapacity?

Mayer Brown LLP
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France
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June 19 2012

The employee of a temporary employment company was the victim of an accident in the course of carrying out work for one of his employer’s clients

Approval of the national cross-sectoral agreement of 13 January 2012 on short-time work and the national cross-sectoral agreement (NCA) of 6 February 2012 on long-term short-time working arrangements

Mayer Brown LLP
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France
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June 19 2012

A decree of 4 May 2012 approved the national cross-sectoral agreement (NCA) of 13 January 2012 on short-time work (Decree of 4 May 2012, OJ 8 May 2012

How many members may a trade union delegation called on to negotiate a pre-electoral collective bargaining agreement include?

Mayer Brown LLP
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France
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February 21 2012

An employer invited its company’s trade union organisations to negotiate a pre-electoral collective bargaining agreement in light of the forthcoming elections for the staff representative bodies