Philippot Avocats – Droit social et droit du travail

Collective bargaining agreement: what are we talking about?

by Olivier Philippot | May 25, 2023 | Restructurings, mergers and acquisitions

Among the innovations brought about by the so-called Labor Ordinances, the possibility of setting up a collective bargaining agreement is of concern to company managers and human resources departments. I am therefore writing this article with the aim of providing...

The Company Retirement Savings Plan: why set it up

by Olivier Philippot | May 24, 2023 | Remuneration policy

The Company Retirement Savings Plan is intended to complement mandatory and supplementary pension schemes. Following the PACTE law, retirement savings plans have undergone numerous changes : The PERCO, the “Madelin” and “article 83” contracts...

Employee profit-sharing: an under-exploited tool!

by Olivier Philippot | May 25, 2023 | Remuneration policy

The purpose of the profit-sharing scheme is to allow the company to collectively associate employees with the company’s results and performance. 1/ Setting up a profit-sharing scheme for employees 1.1 Why implement it ? The implementation of profit-sharing...

The proof of overtime

by Olivier Philippot | May 24, 2023 | Organization of working time

Employees regularly seek payment for allegedly worked overtime before labor courts. These actions raise two major questions: the proof of hours worked and the quantification of the volume of hours worked. However, by a decision of March 18, 2020 (18-10.919), the Court...

Economic redundancy: consultation of elected representatives is essential

by Olivier Philippot | May 25, 2023 | Collective relations, Restructurings, mergers and acquisitions

In a decision rendered on October 17, 2018 (n° 17-14.392),the Court of Cassation affirms that in the context of an economic dismissal, the absence of staff representation necessarily causes prejudice to the employee dismissed for economic reasons. The Court of Appeal...

Environmental issues in labor law – climate law and resilience

by Olivier Philippot | May 25, 2023 | Collective relations

The Climate and Resilience Act of August 22, 2021 came into force after its publication in the Official Journal on August 24, 2021. It reinforces environmental issues in labor law by “officially” integrating them into the labor code, particularly in terms...

The delegation of powers: a tool to avoid a criminal conviction for the company director

by Olivier Philippot | May 25, 2023 | Health and security

The company director is personally responsible for compliance with the regulations If you are a company director, you should know that if you have not set up a delegation of authority, you may be held criminally liable for offences in which you did not personally take...

Employee’s work computer: how to access files?

by Olivier Philippot | May 25, 2023 | Health and security

An employer is entitled to consult “personal” files stored by an employee on a professional computer made available to him and to use these elements to justify a dismissal procedure. This position was once again recalled by the European Court of Human...

The employment of disabled workers

by Olivier Philippot | May 25, 2023 | Health and security

In order to promote the integration of disabled workers into the workforce, companies are required to meet certain obligations regarding the employment of disabled workers. Disabled workers are defined as people whose possibilities of obtaining or keeping a job are...

Banning alcohol through house rules

by Olivier Philippot | May 25, 2023 | Health and security

In a decision dated July 8, 2019, the Council of State reviewed the provisions that can be included in the internal regulations of a company, particularly with regard to prohibiting alcohol in the company. In this case, a company specializing in the manufacture of...

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