Our social team briefly reviews some of the new key provisions of the Labour Market Law as well as two interesting decisions relating to the unfitness procedure and the defense that can be brought by the employer as well as the abusive right by an employee who threatens the employer with legal action.

Publication of the labour market law

Law 2022-1598 of 21 December 2022 on emergency measures relating to the functioning of the labour market with a view to full employment introduces two important innovations:

The possibility of using a single fixed-term contract to replace several absent employees

In principle, when an employee is hired on a fixed-term contract to replace several employees successively, as many contracts must be concluded with him or her as there are employees to be replaced. Failure to do so exposes the employer to the requalification of the contractual relationship into an indefinite relationship term.

On an experimental basis, for two years, as from the publication of a Decree to be published, the law allows a single fixed-term contract or temporary work contract to be concluded to replace several employees in certain sectors to be defined by Decree. However, the purpose and effect of such hiring cannot lead to fill a job related to the normal and permanent activity of the company on a permanent basis. It therefore remains to be determined under what circumstances the experiment will be implemented.

Simple presumption of resignation in the event of...

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