LEGAL UPDATE
A decree sets out the methods for calculating and publishing any differences in the representation of women and men among senior executives and members of management bodies in companies with at least 1000 employees.
Decree n°2022-680, 26 April 2022
A decree specifies the content of the environmental section of the economic, social and environmental database (BDESE). It is reminded the BDESE is mandatory in any company of at least 50 employee with a social and economic committee.
Decree n°2022-678, 26 April 2022
The medical sick leave form has been amended. The sick leave notice, the medical certificate of extension of work accident/occupational disease and the initial certificate of work accident/occupational disease established by health professionals are merged in part. This change is being implemented progressively, as health professionals, who prescribe sick leave certificate, use the new forms.
Medical health release
CASE LAW UPDATE
The unfair dismissal scale is validated: The French Judicial High Court (Cour de Cassation) approves the unfair dismissal damages scale which sets out the amount of damages that an employee may be awarded when his or her dismissal is deemed to be without real and serious cause (article L. 1235-3 of the French Labor Code). More specifically, the Court of Cassation specifies that:
- The damages scale for employees dismissed without real and serious cause is not contrary to Article 10 of Convention No. 158 of the International Labor Organization.
- The French judge cannot reject, even on a case-by-case basis, the application of the scale with respect to this international convention.
- French law cannot be reviewed for compliance with Article 24 of the European Social Charter, which does not have direct effect.
Cass. Soc. 11 May 2022 n°21-14. 490 and 21-15.247
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