The question of the effective end of the contract is not resolved with certainty, since the chamber of work of the Court of Cassation merely based itself on the fact that the worker had been exempted from all activity to decide that the dismissal was legal. Could companies consider that the employment contract will expire no later than the end of the trial period and pay only compensation for the “notice” provided by the current collective agreement, which goes beyond the statutory pre-empticy period, which would deprive the worker of certain rights, or should they treat that time as the current notice in the event of dismissal? The question remains open. For workers benefiting from a comprehensive compensation agreement based on a number of working days per year governed by other collective agreements, employers should review their validity and, in particular, working time monitoring systems, taking into account the requirements of current French jurisprudence regarding the validity of global compensation agreements. Unlike the USSRAF, Pole Employment and pension funds, the rates are not set by law, but by branch, by the collective agreement applicable to your industry. As such, the probationary period could be provided either within the framework of the employment contract itself or within the framework of the existing collective agreement. For a long time, a number of collective agreements have contained specific rules for the extension and end of the trial period. When a worker is dismissed or enters into an amicable redundancy contract with his employer, he usually receives 57% of the average gross salary as unemployment benefit for up to 2 years (or 3 years if he is over 55 years of age). On 11 April 2014, we issued a warning regarding a new addendum to the SYNTEC national collective agreement in France. This amendment led to global media coverage, including reports that the agreement involved “one million French employees”, that work “became illegal” after 6 p.m. and that French employees are now “forced” to turn off their phones after this period, etc. The Working Chamber of the Court of Cassation has taken care to place the words “notice” in quotation marks. In deciding that the company had the right to extend the duration of the employment contract – subject to non-compliance with such a contract after the expiry of the trial period – the working chamber of the Court of Cassation seemed to distinguish between the statutory period of care and the termination period provided for by the collective agreements. Yes – basically, the purpose of the two agreements is different and they should not be confused.
A reciprocity agreement leads to the termination of the contract by written agreement between the parties. The purpose of a transaction agreement is to resolve an ongoing dispute between the parties after the termination of the worker`s employment contract. The end of the trial periods naturally gave rise to different types of litigation. The working chamber of the Court of Cassation had already been asked to decide how to apply the provisions of collective agreements in this regard. As of January 1, 2016, Neteem is offering the level of coverage defined in the collective agreement. Due to the volume effect of this new compulsory service (Malakoff Mederic covers virtually all Syntec branches), the cost of coverage is relatively low (47 euros/month in 2017 for the coverage of workers and children, 50/50 breakdown between employee and employer) In order to complete our position from May 2, www.employmentlawworldview.com/french-disconnection-2-the-next-instalment/, we have presented a summary of recent changes as well as the measures that French employers should take now to deal with the new supplement.