LEGAL UPDATE
- The Ministry of Employment has published on its website a questions-and-answers document detailing the measures for preventing professional exclusion for employees on sick leave (law 2nd August 2021).
CASE LAW UDAPTE
- Action for recognition of an employment contract: The action by which a party asks to reclassify a contract into an employment contract, has the character of a personal action and is subject to a five-year limitation period. The starting point of this limitation period is the date on which the contractual relationship, whose qualification is challenged, has ceased. Cass. Soc. 11 May 2022 n°20-14.421
- Unfitness to work: In the event an employee is declared unfit to work by the occupational doctor, the employer's obligation to redeploy the employee depends on the law in force on the day of the declaration of unfitness, regardless of the date on which the dismissal is finally notified. Cass. Soc. 11 May 2022 n°20-20.717
- Offence of moral harassment: Acts of moral harassment are covered by both the Labour Code and the Criminal Code. Under the labour law, moral harassment is constituted independently of the intention of the author. However, the Court recalls that in criminal matters the author's intention must be demonstrated. Cass. Crim. 22 February 2022 n°21-82.266.
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