Employment Law Newsletter – March 2019

Author:Hogan Lovells
Profession:Hogan Lovells

Our Paris office is pleased to present its monthly newsletter on employment matters.

  1. Case Law

    1.1 Professional elections

    (a) Conventionality of the balanced representation scheme

    The gender balance representation system is declared conventional by the French Supreme Court (French Supreme Court, 13 February 2019, n°18-17.042 FS-PBRI).

    (b) Implementation of the social and economic committee: clarification of the electoral and eligibility conditions for the employees seconded

    Pursuant to a legal text now repealed, seconded employees had a right of option which allowed them to vote and to stand as a candidate in elections for employee representatives (délégués du personnel) in their host company. The Court of cassation specified that this right of option cannot be opposed to a seconded employee in order to refuse his eligibility to the social and economic committee set up within his home company since the entry into force of the ordinance n°2017-1386 of 22 September 2017 no longer allows him to be eligible in his host company (French Supreme Court, 13 February 2019,n°18-60.149, F-PB). 1.2 Collective bargaining: validation of the bargaining system for companies with 11 to 49 employees without a trade union delegate>

    The French Council of State validated the system whereby companies with 11 to 49 employees without a trade union delegate can negotiate a collective agreement with the full members of the social and economic committee on all topics that can be negotiated by company or establishment agreement (French Council of State, 18 February 2019 n° 417209). 2. The social security court system reform: impacts related to investigations carried out by social security agencies (URSSAF)

    Law n° 2016-1547 dated 18 November 2016, which was completed by two ordinances issued on 16 May 2018 and by the Decree n° 2018-928 dated 29 October 2018, has radically reformed the social security judicial system, in particular by suppressing the specialized courts for social security cases and also by generalizing the amicable settlement prior procedure . Law n° 2018-1203 dated 22 December 2018 amended the sanctions applicable in the event of an Urssaf adjustment based on a situation of undeclared work. Thus, the procedure and sanctions applicable to Urssaf adjustments have been completely overhauled. 2.1 Social security court system reform>

    (a) Jurisdiction of the High Courts (Tribunal de Grande Instance)

    As from 1 January 2019, the 116 High Courts...

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