Discover the September employment law news in our newsletter proposed by Philippe Rozec (partner), Elise Beneat (counsel), Eve Gauthier (associate) and Charlotte Assal (juriste).

🔹 An AGIRC-ARRCO circular dated 23 July 2024 abolishes the specific membership rules for companies benefiting from the VLU scheme.

🔹 A new section of BOSS concerning the exemption from contributions applicable to apprenticeship contracts came into force on 1 September 2024.

🔹 The employment rate for the senior workers continues to rise, but remains below the European average, according to a DARES report.

🔹 Contract performance: An employer’s failure to employ an employee on maternity leave gives rise to a right to compensation. (Cass. soc., 4 septembre 2024, n° 22-16.129)

🔹 Working time:
– If an employer makes an employee work while he is off sick, he is entitled to compensation. (Cass. soc., 4 septembre 2024, n° 23-15.944)
– Failure to respect an employee’s break entitles the employee to compensation. (Cass. soc., 4 septembre 2024, n°23-15.944)

🔹 Health and safety: A breach of the employer’s safety obligation gives rise to damage in the event of exposure to pathogenic substances. (Cass. soc., 4 septembre 2024, n° 22-20.917)

🔹 Litigation:

– An action for payment of a lump sum for undeclared work is subject to the two-year limitation period. (Cass. soc., 4 septembre 2024, n° 22-22.860)
– The limitation period for an action for breach of an employment contract based on psychological harassment is five years. (Cass. soc., 4 septembre 2024, n° 22-22.860)
– It is up to the employee to prove that the employer did not offer to reclassify the employee in good faith. (Cass. soc., 4 septembre 2024, n° 22-24.005)
– Failure to produce the official report recording the undeclared work offences in court does not affect the legality of the proceedings. (Cass. 2e civ., 5 septembre 2024, n° 22-18.226)