Attention to the default setting of business objectives

A business whose results are set premiums based on the achievement of objectives must be aware of these goals depending on the frequency recorded in his employment contract.Otherwise the employee is entitled to take notice of the termination of his employment contract, which is then reclassified as a dismissal without real and serious with all the consequences. The Court of Cassation in the case submitted to it notes that the employer had failed to notify the employee’s goals for three consecutive years and concludes that this failure has consequences for the employee’s remuneration is sufficiently serious to warrant taking action.The Court of Cassation recalled as part of the employer to set business objectives to employees, provided the employees have no obligation to accept them.

Misuse of documents by an employee to defend himself is not theft

The Court of Appeal Criminal Division in accordance June 16, 2011 Judgement of the Court aligns with that of the Public Chamber in theft of documents.The high court considers that an employee may, in fact, steal documents while in position in the company without this subtraction is incorrect, provided that the documents are exempt from the strict need for his defense. In the particular case, an employee is acquitted of the count of theft and breach of trust while knowing they are on the spot he had in view of the challenge of the next layoff, copied documents allowing him eventually to defend before the industrial tribunal.


Endorsed the Day of Solidarity

The Constitutional Council, in a decision dated July 22, considered the Day of Solidarity with the Constitution. Established following the 2003 heat wave, this day of unpaid work is dedicated to the financing of old age dependency. The Constitutional Council has confirmed that it was consistent with the principle of equality of citizens before tax notwithstanding the fact that the self-employed and pensioners are excluded from its scope.

The package-day is still relevant

The Supreme Court addressed the question of the validity of agreements-day package for executives, it does not ultimately affected by Judgement of 29 June 2011.We must remember.however, the importance of respect for the maximum 48 hour working introduced by the European Directive “Working Time”, at which time, in any event the employee could claim damages for breach the maximum working time.

Illegal downloading may lead to dismissal for serious misconduct

The Court of Appeal of Versailles was validated in late March 2011, dismissal for serious misconduct of an employee who had installed on his computer professional peer to peer software and had illegally downloaded music so it is necessary to establish procedures to identify especially on computers shared by multiple employees.

Deprive the employee of his Sunday rest is a modification of the employment contract

The Court of Cassation, in Case 21 March 2011, states that when the employment contract does not expressly provide that the employee can work on Sundays, changing work schedules leading to what the employee works that day is a change in the employment contract he can overcome.