1/ LEGAL UPDATE
- Amicable termination of the employment contract: As from 1st April 2022 amicable termination of the employment contract must be handled on a dedicated website. The only exception is in case the parties can justify the website cannot be used.
Decree n°2021-1639 of December 13, 2021
- Minimum hourly wage: The minimum legal hourly wage is raised to €10.57 gross as of January 1, 2022. Consequently, the gross monthly legal minimum wage is now €1603.12 for 35 hours a week.
Decree n°2021-1741 of December 22, 2021
- Termination indemnities: The CSG and CRDS exemption limit for compensation awarded by a labour court judge for dismissal without real and serious cause is equal to 2 annual social security ceilings, without the need to refer to the scales used by the judge in application of the French Labor Code.
BOSS update on termination indemnities on December 24, 2021, paragraph 1901
2/ CASE LAW UDAPTE
- Employees are entitled to lunch vouchers while on telework: The Court of Appeal considered that all employees working remotely during Covid-19 should be entitled to lunch vouchers. The decision rational was notably based on the fact that a collective agreement awarded such lunch vouches to employees working remotely outside the Covid-19 context.
Paris Court of Appeal, December 2, 2021, n° 21/02021
- An employer can object to a reinstatement obligation if justified by moral harassment: An employer was under the obligation to reinstate a protected employee (staff representative) after cancellation of the administration authorization which authorized the dismissal. However, the employer proved the reinstatement has impossible as the concerned employees had committed some bullying. Compliance with employer's safety obligation regarding moral harassment therefore constitutes an absolute impossibility of reinstatement.
Cass. soc., December 1st, 2021, n° 19-25.715
