Invalidity of dismissal: mere denunciation by an employee of facts that could be classified as criminal is not sufficient to benefit from the protection afforded to whistleblowers

Combining damages for invalid dismissal and for moral harassment

A decree dated 31 May 2023 updates the annual tax on office, commercial and storage premises for the current year.

In accordance with II of article 15 of law no. 2022-1158 of 16 August 2022, decree no. 2023-417 of 31 May 2023 has been adopted in order to implement the technical procedures required to make the right of electronic cancellation effective for consumers.

Decree no. 2023-417, 31 May 2023, OJ 1 June

Proceedings in progress for the payment of a sum of money: the debtor in compulsory liquidation may defend himself by virtue of a right of his own

Termination by agreement entailing waiver of the right to unilateral termination

Agreement to reduce working hours: a public holiday coinciding with a day of rest does not have to be compensated

In a ruling handed down on 4 May 2023, the Court of Justice of the European Union has reiterated a number of important points concerning Directive 2011/7/EU aimed at combating late payment in commercial transactions, in particular the minimum lump sum of €40.
CJEU 4 May 2023, Case C-78/22

In a ruling handed down on 29 March 2023, the Cour de cassation held that a sale concluded by an agent who intended to defraud the third-party purchaser by not handing over the property that was the subject of the contract was nevertheless valid.
Civ. 1re, 29 March 2023, FS-B, no. 22-10.001

Where, in the case of a fixed-term contract, the employer has failed to provide the employee with a written employment contract, the limitation period for the requalification action begins to run on expiry of the period of two working days allowed for the employer to provide the employee with the employment contract.

Soc. 15 mars 2023, FS-B, n° 20-21.774

In a decision handed down on 15 March 2023, the Commercial Chamber of the French Supreme Court (Cour de cassation) has harmonised its position on the withdrawal of a promisor in unilateral promises to sell governed by the law prior to the Order of 10 February 2016 by refusing, in this case, to modulate the effects of its reversal in favour of the promisor who has withdrawn.

Com. 15 mars 2023, FB, n° 21-20.399

The fault that justifies early termination of a fixed-term contract must have been committed during the performance of that contract. As a result, in the case of successive fixed-term contracts, the employer may not rely on misconduct committed prior to the effective date of the last contract concluded to justify its termination.

Soc. 15 mars 2023, FS-B, n° 21-17.227

Evidence derived from an illegal video surveillance or badge system used against an employee is not in itself inadmissible in court, particularly if the employer demonstrates that it is essential to the exercise of its right to evidence. This will not be the case if the employer is able to use another means of proof.

Soc. 8 mars 2023, FS-B, n° 21-17.802

In three rulings handed down on the same day, the Versailles Court of Appeal, hearing applications by three directors of children's programmes to have their fixed-term contracts converted to open-ended contracts in disputes with TF1 Production, reiterated the strict conditions that must apply to this practice. In the cases referred to it, there was no concrete and precise evidence to support the television channel's systematic use of fixed-term contracts for use by young people.

Versailles, 6^ech., 2 févr. 2023, n° 20/00675

A transaction after a conventional termination is valid when it occurs after the approval and does not solve a dispute related to the termination of the employment contract.

See the decision