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After having caused controversy, and created emulators, the ordinances reforming the Labor Code finally all came into force in 1er January 2018. Some of them have been in force since September 2017. For the rest, we had to wait for the publication of the latest application decrees in the Official Journal in January 2018. We present eleven of them that concern you directly.

1 The new scale of industrial tribunal indemnities

Since September 22, 2017, judges must comply with a scale that cap industrial tribunal indemnities. For example, in the event of unfair dismissal, you will be entitled to one month’s salary below one year of seniority, of three months from two years and up to 20 months of salary beyond 28 years.
The floor for minimum industrial tribunal indemnities has also changed and has even fallen. Allow three months of compensation for all. Previously, judges could pay abused employees compensation equal to the last six months of salary for those with at least two years of seniority.
The ordinance also provides for a scale for employees working in a company with 11 employees. Less advantageous than the scale of the largest companies, it is set at fifteen days’ salary from one year of seniority and up to three months from eleven years for minimum allowances.
However, these scales do not apply in all situations.. Cases of harassment, discrimination, unfair performance of the employment contract, vexatious circumstances or even unpaid overtime are not concerned.
Read also : The 10 good reflexes to have in case of dismissal

2 A period of 1 year to enter the industrial tribunal

The dismissed employees have only one year to enter the industrial tribunal, whatever the reason. Before the reform, they were entitled to one year for economic redundancy and two years for other cases.

3 Increase in legal severance payments

In order to compensate for the capping of industrial tribunal indemnities, the ordinances provide for an increase in legal indemnities for dismissal of ¼ of a month’s salary, up to 10 years of seniority, against 1/5 previously.

4 Teleworking more accessible and more supervised

To telework, you no longer need to make an amendment to the employment contract with your employer. A simple email is enough to obtain the agreement of his superior.
For the employer to accept, a charter or a collective agreement of the company must be taken into account by the employee, because one or the other sets the rules to be followed, namely the positions eligible for telework, the taking in charge of costs, the methods of controlling professional time, the regulation of the workload and the determination of the time slots during which the employer can contact the employee remotely.
If the employer refuses to grant teleworking to his employee, the reason must be well-founded and in good faith, which still remains a legislative vagueness.

5 Multinationals in good health can lay off in London

Multinationals will be able to resort to redundancies in their English subsidiaries if they experience difficulties. Even if the group is making profits internationally.
Read also : Conflict at work: where to find legal help?

6 The new dismissal letters

The employee can now request clarification from the employer following receipt of a dismissal letter. The employee must make his request within 15 days and his supervisor also has two weeks to respond.
The ordinance also provides for the granting of compensation to employees when the cover letter remains imprecise.

7 Generalized redeployment offers

Reclassification offers will no longer necessarily be personalized and individualized. A single list can be sent to all employees as part of their reclassification. The same goes for those deemed unfit for work.
On the other hand, the redeployment offers must be located on the national territory.

8 The industrial tribunal can contest the medical opinion for the unfit

The challenge of the medical opinion for the unfit no longer depends on the occupational physician but on the industrial tribunal. He now has the last word. This body, embodied by staff representatives and employees elected in the company, no longer has the obligation to go through an occupational doctor..

9 Collective termination, a new voluntary departure plan (PDV)

With a view to replacing voluntary departure plans, collective termination of the agreement gives companies the possibility of laying off employees, on a voluntary basis, without economic reason. Which is not possible with the PDV.

10 The Social Economic Committee merges the employee representative bodies

The Social Economic Committee (CSE) replaces the staff representatives (DP), the works council (CE) and the health, safety and working conditions committee (CHSCT). Companies have until December 31, 2021 to put it in place, it all depends on the date of renewal of mandates. DP, CE, and CHSCT. To replace them, the election of new employees who are members of the CSE will be very close to that of elected staff members, as will their protective status, which hardly changes.

11 The corporate referendum opens to small businesses

In companies with less than 11 employees, it is now possible to organize a referendum. Employees will be able to vote on the next signing of a company agreement. For companies with between 11 and 50 employees, it is the role of staff representatives, whether or not mandated by a union body or that of the employee mandated by a union, to negotiate the agreement with the employer.

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