Recent case law | Employment Guarantees in CBA’s
Published on :
12/02/2020
12
February
Feb
02
2020
In a recent case, the French Supreme Court had to rule on the scope of application of an “employment guarantee” of a collective bargaining agreement.
In the matter at hand, a medical secretary was dismissed from her position due to prolonged sick leave that, it was argued, caused a significant disorganization for her employer.
The applicable collective bargaining agreement provided for an “employment guarantee” in case of prolonged sickness, that forbids dismissal for the first entire year of absence.
The court of appeals upheld the dismissal on the grounds that it was justified because its motivation lay not in the sickness itself, but rather, by the consequences for the employer’s organization that required a replacement employee.
The French supreme court struck down the court of appeals’ ruling on the basis that when a collective bargaining agreement provides for guaranteed employment of one year, an employee cannot be dismissed for the consequences her absences entails after one month.
This ruling reinforces the strength of such employment guarantees that are already a reinforcement of the legal protections that shelter employees from termination for health reasons. Up to now, there had been few judicial decisions on the matter.
Nevertheless, the Supreme Court’s decision serves as a reminder to all employers in France of the importance of special rules set out in collective bargaining agreements that apply in addition to the provisions of the French labour code.
History
-
LABLAW announces 8th office in Bologna, Italy
Published on : 26/02/2020 26 February Feb 02 2020L&E GlobalIn Partnership with the firm of Studio Legale Carinci, the new office is loca...Source : leglobal.org
-
L&E Global launches Coronavirus in a Flash: Updates, Special Reports and Advice for Employers
Published on : 25/02/2020 25 February Feb 02 2020L&E GlobalEmployers are currently facing a host of new and unique challenges that are n...Source : leglobal.org
-
Pusch Wahlig Workplace Law Q&A – Workplace impact of pandemics like the coronavirus
Published on : 21/02/2020 21 February Feb 02 2020L&E GlobalWe speak of a pandemic when a disease breaks out in an unrestricted manner,...Source : leglobal.org
-
L&E Global ranked by Chambers Global 2020 as an Elite Global-Wide Employment Law Network
Published on : 20/02/2020 20 February Feb 02 2020L&E GlobalL&E Global is proud to announce that for the third consecutive year, we have...Source : leglobal.org
-
Palthe Oberman Memo: Coronavirus 2019-nCoV and the possible impact on the workplace
Published on : 17/02/2020 17 February Feb 02 2020L&E GlobalThis memo is intended for information purposes only and provides some general...Source : leglobal.org
-
Zhong Lun advises Employers on How to Respond to Coronavirus Epidemic in China
Published on : 17/02/2020 17 February Feb 02 2020L&E GlobalWhat Employers Should Do During the Period of Epidemic Prevention of Corona...Source : leglobal.org
-
TUESDAY FEBRUARY 25TH 2020 | QUALITY OF LIFE AT WORK: A RIGHT THAT WILL ENHANCE COMPANY PERFORMANCE!
Published on : 17/02/2020 17 February Feb 02 2020News / Breakfast BriefingsOver the past few years, Quality of Life at Work has become a major HR issue....
-
Harmers Workplace Lawyers issues Client Alert: Work in the Time of Coronavirus
Published on : 14/02/2020 14 February Feb 02 2020L&E GlobalThe news cycle is abuzz with updates on the outbreak and spread of novel coro...Source : leglobal.org
-
Looking forward | Professional meetings: a new obligation deadline approaches in March 2020!
Published on : 12/02/2020 12 February Feb 02 2020Newsletter / Looking FowardA look at what’s to come in labor and business law Professional meetings:...
-
Recent case law | Employment Guarantees in CBA’s
Published on : 12/02/2020 12 February Feb 02 2020Newsletter / Recent Case LawIn a recent case, the French Supreme Court had to rule on the scope of applic...