Actualités
SINGLE OCCUPATIONAL RISK ASSESSMENT DOCUMENT: WE DID EVERYTHING EXCEPT THAT!
That’s what a disheartened director told me when I was carrying out a compliance audit. This single occupational risk assessment document, rather enigmatically called a DUERP (Document Unique d’Evaluation des Risques Professionnels) in French is often at the end of the “To Do” list of legal formalities. Good news! The health insurance service has put a well-constructed interactive tool on
LETTING A HUMAN RESOURCES SITUATION FESTER: THE PRICE OF INACTION
Some directors believe that they are safeguarding their businesses by not parting with employees that pose problems. They just make do: changing the employee’s department when it is no longer possible to keep them in their current position, making compromises and keeping their fingers crossed in the hope that, should an improvement seem to be elusive, the situation does not
HAVE YOU EVER THOUGHT THAT YOU MIGHT BE RECORDED DURING YOUR MEETINGS WITH EMPLOYEES?
This is commonplace, not to say systematic. Up until now and, we believe, moving forward, the process can be considered as questionable and therefore unusable. For example, how can the identity of the person recorded be guaranteed? Is it a complete and faithful recording? Besides which, the industrial tribunal does not have a no-holds-barred approach. And yet, there is no
PRESIDENT OF AN ASSOCIATION: ARE YOU CONSIDERING IMPLEMENTING A DISMISSAL PROCEDURE? HAVE YOU THOUGHT ABOUT CHECKING THE SCOPE OF YOUR POWERS?
In principle, the president of an association can sign a dismissal letter without having to seek the prior authorisation of the board of directors, unless provided otherwise in the articles of association (Cass. Social Chamber, 23 March 2022, n° 20-16.781). What happens when the articles of association are silent on the question of dismissal (as well as the question of
YOU HAVE JUST SIGNED THE MUTUALLY-AGREED TERMINATION OF YOUR CONTRACT. DID YOU THINK ABOUT REMOVING THE NON-COMPETITION CLAUSE?
If the employer intends to waive enforcement of the non-competition clause, then this must be done, at the latest, by the termination date set out in the agreement, notwithstanding any stipulation or provision to the contrary (Cass. Social Chamber, 26 January 2022, n° 20-15.755). Thus far, the Court of Cassation has accepted that the anticipated timeline for waiving the clause commences
HAVE YOU CONSIDERED ASSESSING YOUR EMPLOYEES’ WORKLOAD AS A FIXED NUMBER OF WORKING DAYS?
The first half-year is now over and many collective bargaining agreements on the fixed number of working days anticipate a half-yearly interview to monitor employees’ workload expressed as a fixed number of working days. The application of this fixed number of working days may be pushed aside without the monitoring interview. This would mean that the employee reverts to a