Gift of Rest Days to Employees Assisting Disabled Relatives

New Legislation Enacted

Law n° 2018-84, dated February 13, 2018, creates a possibility of giving rest days to employees assisting a relative, subject to the employer’s agreement, and targets the untaken rest days on top of 24 days that any employee may receive. This scheme benefits employees responsible for assisting a relative (i.e., husband, partner, ascendant, descendant, child under their responsibility) affected by a very serious loss of autonomy or with a handicap. The employee receives the gift benefits from the full payment of his remuneration during the period of absence. This period is considered as effective work for the determination of any rights resulting from seniority.

Non-Compete Clause and Right to Waive

Precedential Decision by Judiciary or Regulatory Agency

The French Supreme Court recently ruled on the validity of an employer’s waiver of a non-compete clause exercised during the notice period. Here, the employment contract provided that the employer had 30 days before the last day of work to waive the non-compete clause. The employee resigned on January 13, 2011, and had a notice period of three months, but stopped working as of February 28, 2011. Because he could not demonstrate that the employer suspended him from work, the employee could not challenge the waiver of the non-compete clause notified on April 6, 2011, during the notice period.

Postponement on the Reform of Secondment

Proposed Bill or Initiative

The law of empowerment n° 2017-1340, dated September 15, 2017, authorizes the French Government to modify the applicable legislation on secondment and ameliorate and simplify the payment of the specific contribution by foreign employers seconding employees in France. Decree n° 2018-82, dated February 9, 2018, repealed the statutory provisions related to the contributions by foreign employers. An executive order should have been taken, but the Government decided to postpone this reform. Among the new rules that can be anticipated: increase of administrative fines; publication on a dedicated website of infringements for undeclared work; and creation of a specific scheme for short term secondments. This Bill will be the next major reform on employment law.