Social news of the week: alcohol in the workplace, re-qualification of fixed-term contracts and medical follow-up

Limiting alcohol consumption in the workplace

Consumption of wine, beer, cider and pear is allowed in the workplace. However, it is forbidden for the employer to allow intoxicated persons to enter or stay in the workplace.

In fact, he is committed to ensuring safety and protecting the health of workers. It can do this by limiting the consumption of alcohol in the workplace by limiting or banning it. However, this limitation must be proportionate to the purpose sought and justified by the task to be performed. It must also be included in the rules of procedure or in a note.

The Conseil d’Etat clarified in this regard that it was not necessary for there to be a risk of giving the employer the opportunity to restrict the possibility of consuming alcohol in the undertaking (Conseil d’Etat, 1st and 4th chambers combined, March 14, 2022, No. 434343).

In this case, all the staff of the site were exposed to safety risks due to the activities carried out there (especially stamping, sheet metal work, painting, assembly that requires the use and handling of chemicals). The prohibition on importing, distributing or consuming alcoholic beverages in the company was therefore justified by the nature of the tasks to be performed and to be proportionate to the objective pursued.

Reclassification of CDD in CDI in the absence of signature by the parties

CDDs must be in writing. Otherwise, the employee can apply for upskilling on a permanent contract. And the employer can not prove otherwise.

The reclassification will in particular lead to the following consequences:

  • payment of a requalification allowance to the employee, which may not be less than 1 month’s salary;
  • payment of salary reminders corresponding to the non-worked periods between several fixed-term contracts reclassified to fixed-term contracts once the employee has made himself available to the employer;
  • possible criminal sanctions for the employer: fine of 3750 euros, increased to 7500 euros and 6 months imprisonment in case of recidivism;
  • re-qualification of the term of the fixed-term contract as dismissal when the employment relationship has ended. Thereafter, the employee receives severance pay, compensation for unfair dismissal, compensation for termination and paid vacation. By retaining the uncertainty surcharge.

In this connection, the courts equate lack of signature with a written defect. And this, whether the missing signature is the employer’s or the employee’s (unless the employee knowingly refuses to sign his contract in bad faith, or because he is pursuing fraudulent intentions). The Court of Cassation has recently recalled this (Cass. Soc., 2 March 2022, nos. 20-17,454).

Employee medical follow-up

Two decrees (Decrees Nos. 2022-372 and Nos. 2022-373 of 16 March 2022) specified measures under the Health Act, which will enter into force on 31 March.

Connection meeting

A contact agreement can be arranged at the request of the employer or the employee when his absence after an accident or illness exceeds 30 days. The occupational health and prevention service (new name of the occupational health service) is also involved.

The purpose of this meeting will be to inform the employee that he or she can benefit from measures to prevent professional dissolution, from a pre-return examination or from adaptation measures.

Recovery and pre-recovery visits

Prior visits can be organized for any stop of more than 30 days (more than 3 months until then).

In the case of the healing visit, which was organized after 30 days, it will increase to 60 days in case of illness or non-occupational accident.

These changes will apply to work stoppages beginning after March 31, 2022.

Professional transition

The professional change project gives employees who want to change professions or professions the opportunity to finance a certification education in connection with their project.

The employee who wants to benefit from it must justify some seniority. However, this will not apply when the employee has experienced in the 24 months prior to his request for a transition project:

  • absence from work due to an occupational disease;
  • or an absence from work due to an accident at work, illness or non-occupational accident of at least 6 months.

Supervised essay

The supervised trial will be particularly open to employees of the general scheme who, during a work stoppage, wish to assess the compatibility of a workstation with their state of health in their company or another company. It can not exceed 14 working days, can be extended once.

The company where the insured has to perform the supervised test does not pay any remuneration. The employee will continue to receive IJSS and additional allowances.

The supervised trial can be offered by CARSAT, the occupational health service or a placement organization specializing in the integration of people with disabilities.

These measures will apply to ongoing work stoppages from 31 March 2022.

Vocational retraining agreement in the company

Employees who have been declared unfit or for whom the occupational physician has identified as part of the return examination can benefit from the vocational retraining agreement in the company. This is to enable the employee in question to succeed in his reintegration into the company or to prepare him to change position in this or another company.

This agreement is entered into between the employer, the employee and CPAM. It determines the methods of performing professional retraining as well as the size and conditions of payment of IJ. The agreement may not last more than 18 months, taking into account the work stoppage prior to implementation.

These provisions apply to ongoing work stoppages per. March 31, 2022

Post-exposure or post-professional monitoring

The employer must always notify his occupational health service as soon as he becomes aware of the departure or retirement of one of the company’s employees. But now also the cessation of exposing one of the company employees to particular risks to their health or safety, which justifies stricter individual monitoring.

The employee who considers himself entitled to a visit and has not been informed of the transfer of this information by the employer may request to benefit from this visit directly from his occupational health service. The request can be made in the month before the end of the exhibition or its departure and up to 6 months after the end of the exhibition.

The occupational physician prepares a statement of the employee’s exposure to occupational risk factors. He will give it to the worker and will also add it to the medical work journal.

If he finds that the worker is exposed to certain dangerous risks, in particular chemicals, he must, in collaboration with the attending physician and the medical adviser of the social security organizations, establish post-exposure or post-occupational monitoring. This monitoring will take into account the nature of the risk, the state of health and the age of the person concerned.

These new rules will apply to workers whose cessation of exposure has been registered per. March 31, 2021

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