Discover the January employment law news in our newsletter proposed by Philippe Rozec (partner), Elise Beneat (counsel), Eve Gauthier (associate) and Charlotte Assal (legal practioner).
Order of 19 December 2024 approving the unemployment insurance agreement of 15 November 2024: The unemployment insurance agreement of 15 November 2024 and its associated texts were approved by order published on 20 December 2024. From 1 January 2025, these texts replace the waiting period applicable since 2019. They provide for a reduction in the employer’s contribution from 1 May 2025 and a reform of the bonus-malus system from 1 September 2025. In particular, it provides for:
- Lowering the minimum membership requirement for seasonal workers from 6 months to 5 months (applicable from 1 April 2025).
- Concerning senior citizens (measures applicable from 1 April 2025):
– The age at which degressive unemployment benefit does not apply has been reduced from 57 to 55.
– For recipients aged 55 or over: the periods of work taken into account to determine unemployment benefit are sought within the last 36 months.
– The maximum periods of compensation will be : 22.5 months between the ages of 55 and 56 and 27 months from the age of 57.
– The age of entitlement to unemployment benefit will be raised from 62 to 64 until full retirement.
- Monthly payment of unemployment benefit on the basis of 30 calendar days, regardless of the month concerned. The amount of benefit will therefore no longer vary according to the number of days in the month (measure applicable from 1 April 2025).
- A 0.05-point reduction in the employer’s contribution from 1 May 2025: The standard rate of the employer’s contribution will be reduced from 4.05% to 4% of the total payroll (measure applicable from 1 May 2025).
- An extension of the bonus-malus scheme starting on 1 September 2024 until 31 August 2025 (measure applicable from 1 January 2025).
Performance of the contract
A mobility clause that provides for mobility, particularly within subsidiaries, is not precise.
Breach of contract
Messages sent from a business telephone are presumed to be business messages.
In the event of redundancy for economic reasons, the list of available redeployment positions must indicate the criteria for deciding between employees in the event of multiple applications.
Dismissal of an employee who has not received a notice to attend a preliminary interview is unlawful.
Inaptitude
An employer who fails to act promptly to initiate the procedure for redeploying an employee who is unfit for work is guilty of misconduct that may result in judicial termination of the contract.
Employee representation
The agreement of a protected employee is not required for a disciplinary lay-off.
A pre-election memorandum of understanding may not impose an alternating order of male and female candidates on the electoral lists for professional elections