Labor law newsletter, Novembre 2024
Case Law
Working during sick leave or maternity leave does not entitle the employee to back pay, but rather to compensatory damages
The Court of Cassation ruled that performing work on behalf of the employer during periods when the employment contract is suspended due to sick leave, an accident, or maternity leave engages the employer’s liability and results in the award of damages to compensate for the harm suffered.
Cass.soc.2 oct.2024, n°23-11.582 FS-B
Is an employee’s unavailability on their personal cell phone during rest hours a violation?
An employee was disciplined for failing to inquire about his work for the following day. The supervisor and the operations manager left him a message that went unanswered. The employee was also disciplined for reporting to work after two days off without having requested, the day before his return, information about the work schedule, nor responding to his employer’s text message.
The Court of Cassation states that “the fact of not having been reachable outside of working hours on his personal cell phone does not constitute misconduct and therefore does not justify disciplinary action.”
Cass.soc., 9 octobre 2024, n°23-19.063
Employment Protection Plans (PSE): Consulting the Social and Economic Committee (CSE) on psychosocial risks does not require the issuance of a specific opinion
In a ruling dated October 15, 2024, the Council of State expanded its case law regarding the “health” component of Employment Protection Plans (PSE). The administrative judge states that the consultation of the CSE regarding the measures planned by the employer to prevent and protect employees against psychosocial risks (PSRs) arising from the reorganization does not require the issuance of a specific opinion.
CE, 15 octobre 2024, N°488496
Redundancy: if a detail is missing from the redeployment offer, it is considered vague
According to the Labor Code, redeployment offers made to employees must be in writing and precise. Pursuant to Article D. 1233-2-1, these written offers must specify the job title and its description, the employer’s name, the nature of the employment contract, the location of the position, the level of compensation, and the job classification. If any of these details are missing, the offer is vague, which constitutes a breach by the employer of its obligation to offer redeployment and deprives the dismissal of a valid and serious cause.
Cass.soc., 23 octobre 2024, n°23-19.629
Failure to comply with substantive formalities regarding internal regulations: a union may only seek their suspension
A union, acting in the collective interest of the profession, is entitled to seek, through summary proceedings, the suspension of internal regulations in the event of a failure to comply with the applicable substantive formalities. However, a union may not ask the court to declare the entire internal regulations null and void or unenforceable against all employees of the company.
Cass.soc., 23 octobre 2024, n°22-19.726
Who is liable for failure to give notice in the event of a change in working conditions?
An employee’s refusal to continue performing his employment contract due to a mere change in his working conditions decided by the employer in the exercise of its managerial authority renders the employee liable for failure to serve the notice period that he refuses to fulfill under the new conditions and deprives him of the compensatory severance pay and related paid leave.
Cass.soc., 23 octobre 2024, n°22-22.917
Non-Competition Clauses and Statute of Limitations
The Court of Cassation clarifies the starting points of the statutes of limitations applicable to three types of legal actions against a non-compete clause: an action for damages due to an unlawful non-compete clause, a breach of such a clause, and an action for non-payment of the financial consideration in the form of monthly payments.
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- Statute of limitations for civil liability actions seeking the nullity of non-compete clauses and non-solicitation clauses
The Court of Cassation holds that the damage caused by the stipulation of an unlawful non-competition clause or a non-solicitation of customers clause—which is treated as a non-competition clause—becomes apparent at the time of its implementation and not at the time the clause was stipulated.
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- Statute of limitations for an action to recover non-competition compensation
The Court of Cassation holds that the statute of limitations for an action to recover financial compensation for a non-competition obligation begins to run from the date on which the claim became due.
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- Statute of limitations for an action for damages for breach and non-enforcement of the non-compete clause
The Court of Cassation has ruled that the statute of limitations begins on the date the employee is no longer required to comply with the non-compete clause, and not on the date the notice period ends.
Cass.soc., 2 oct. 2024, n°23-12.844 FS-B
