Legal news

Supplementary Health care insurance – Syntec

Legal News

October 2015

In the framework of the Law dated on June 14, 2013 taken pursuant to the National Inter-branch Agreement (ANI) dated on January 11, 2013, the employer has the obligation to set up a supplementary collective health care insurance for all its employees on or before January 1, 2016.

In the Syntec Branch, an agreement has been signed by the CFDT in one hand, and employers' federations (Cinov and SYNTEC) in the other hand, on October 7, 2015.

This agreement recommends three insurance bodies (Harmonie Mutuelle, Humanis et Malakoff Médéric) and sets the minimum conventional guarantees as well as two additional options for a better cover beyond these minima.

It will be therefore necessary to ensure that the contracts subscribed with respect to the supplementary health care insurance actually comply with the provisions of this new agreement.

Data Protection: The Court of Justice of the European Union invalidates the Safe Harbor Decision

Legal News

October 2015

The data transfers from the EU to the United States are no longer possible on the basis of the Safe Harbor Decision dated July 26, 2000.

On October 6, 2015 , the CJUE ruled that the Safe Harbor Decision is invalid.

The issue is now to determine the legal consequences of that decision on all transfers previously occurred pursuant to the "Safe Harbor Decision»...

The Data Protection Authorities assembling in the Article 29 Working party adopted on October 15, 2015 a common position by requiring European institutions and the governments concerned to find legal and technical solutions before January 31, 2016.

Decision of the CJEU dated October 6, 2015 and Press release issued by the Article 29 Data Protection Working Party on October 16, 2015


Coming into force of the Macron bill

Legal News

August 2015
The bill for growth, activity and equal economic opportunities, called "Macron Bill" was published in the Official Journal of August 7, 2015, cut of its provisions censored by the Constitutional Council which are summarized, in social matters, to the capping of damages for dismissal without just cause (Section 266) (Decision 2015-715 DC of 5 August 2015).

The Macron Bill came into force on August 8, 2015 with the exception of those provisions:

  • whose application is subject to the publication of decrees: Sunday working in international tourist areas; measures relating to the discipline of industrial tribunal advisors; the status of union defender; the possibility for the employer to periodically replenish the Perco in the absence of deposit by the employee; most of the measures against social dumping and those against fraud in the construction industry; modification of the employees’ information regime on transfer of undertakings; the possibility for the employer to determine the scope of the order of layoffs in its unilateral document; the restriction to the national territory of the scope of redeployment obligation in international companies and groups;

  • or whose coming into force is postponed to January 1st, 2016: the establishment of a social package with reduced rate for some companies for their first participation agreement or profit sharing agreement; the default assignment of the profit to a company savings plan; the removal of the specific contribution of the employer’s matching contribution to the Perco and other specific rules relative to the Perco.

Social measures of the Macron bill

Legal News

July 2015
The bill for growth, activity and equal economic opportunities was adopted on June 18, 2015 by the French National Assembly pursuant to Article 49, paragraph 3, of the Constitution.

This text reforms labor law on many aspects:
  • Exceptions to work on Sunday and in the evening (articles 71 to 82),
  • Labour lawsuits (articles 83 to 84),
  • The control system of the application of labour law (articles 85 to 86),
  • Social dialogue within companies (articles 87 to 91),
  • Simplifications for companies (article 92 to 94),
  • Combating illegal international service provision and improvement of the measures to reassure employment (articles 98 à 104).

The key measure of the bill on social matters is the definition of a scale setting ceilings to the damages set by labour courts in case of dismissal without just cause.

Capture d’écran 2015-08-10 à 17.35.54

These limits do not apply in the following cases: discrimination, breach of professional equality, moral or sexual harassment, corruption, breach of the protection given to the woman, industrial accident or occupational disease, fitness-unfitness, violation of the status of employee representatives, the right to strike. The bill was sent to the Senate on second reading and should be adopted definitively by the end of July 2015.