In this specific case, and employee has had successive short term employment contracts.
When the final contract ended, the employee asked the judge to have the contracts reclassified as one undefinite term contract.
The judge agreed. He then condemn the company to the pay the employee:
- 2 indemnities for dismissal without just cause.
- 1 notice period indemnity.
The cassation court disagreed with the judge.
The employee could only have claimed:
- One indemnity for reclassification. Which cannot be inferior to one-month salary.
- One indemnity for dismissal without cause.
The judge of the court of appeal has been too generous and the judge of the cassation court has cancelled the judgment.
Without proper cause successive short term employment contracts can be reclassified as one indefinite term contract.
In case this the company must pay the termination indemnity as if the short term contract has been an indefinite one. And the employee is untitled to an indemnity for dismissal without just cause as the process for termination of an indefinite term contract has not been completed.
Since January 2014, every employee has a personal account for prevention of arduousness.
When an employee work under harsh conditions, he acquires point on his personal account for prevention of arduousness.
Those points can be used for:
- Professional training.
- Reduction of working time.
- Early retirement.
This personal account for prevention of arduousness bring the following obligation to the employer:
- The employer must do a yearly evaluation to the exposure to harsh conditions.
- The employer must also establish a written register of the collective data related to the exposure of harsh conditions.
- The employer must have a process to diminish exposure to harsh conditions.
- Finally, the employer must declare the harsh conditions to which each employee have been exposed.
On the 10th of July 2014 a law regulating internship in France has been voted.
Today the application decree has been published.
As of now the number of interns working at the same time in one company is limited to:
- 3 if the company has less than 20 employees.
- 15% of the workforce the company has at least 20 employees.
Also, the decree indicates that one tutor cannot supervise more than 3 interns at the same time.
An intern is a student with an internship agreement between himself, his school and the company. The duration of the internship cannot exceed 6 months per academic year.
An employee of the company must be designated as a tutor for the intern.
An intern can receive a gratification. The part of this gratification which exceeding 3.6€ per hour (as of the 1st of September 2015) is subject to social contribution.
The “sommes isolées” are exceptional gross amounts paid to the employee and due to the termination of his employment contract.
The retirement contributions paid on these gross amounts were distinct from the normal retirement contributions.
As of the 1st of January this will no longer be the case.
Exemple of “sommes isolées” :
Indemnity for unpaid vacation | indemnity for unpaid RTT | Termination indemnity subject to social contributions | Definite term contract indemnity | Indemnity for non-concurrence clause …
Part of the termination indemnity is exempted from social contributions and CSG/CRDS contributions. However, when a termination indemnity exceeds 10 times the annual social security sealing it is fully subject to social contributions.
This may change in 2016 as the parliament modified the 2016 finance law to have this exemption limit reduced to 5 time the annual social security sealing.
2015 annual social security sealing: 38 040 €
Expected 2016 annual security sealing : 38 616 € (to be confirmed)
In 2014 the vote of the law “Hamon” created the possibility for the judge to condemned a company (or an individual) employing undeclared workers to be publically black listed on ministry of labour official web site. The penalty can last for a period up to 2 years.
The application decree has been published and law will come into effect on the 24th of October 2015.
On the 6th of October, a court judgment confirmed that an employee can renounce to the additional vacation days he acquired by splitting the use of his vacation.
Additional vacation days are acquired when an employee takes more than 3 days of vacation outside of the vacation period from 1st of May to 31st of October.
In this case, the employer allowed the employees to use vacation days for personal convenience outside of the legal vacation period only if the employees renounced in writing to the supplementary vacation days.
This policy has been approved by the court.