Modification of Employee Working Hours

Extract

[...] It then remains to study the case of the employee accused of moral harassment D. The specific case of moral harassment Can an employee have their workplace modified by their employer on the grounds of an accusation of moral harassment against them? Moral harassment is defined in Article L1152-1 of the Labor Code as repeated acts that degrade working conditions to the point of violating rights and dignity, harming physical or mental health, or compromising a third party's professional future. [...]

[...] In addition, the non-concerned employees must also be necessarily informed that this increase is based on the fact of not having participated in the strike. Thus, the salary increase can take place under these conditions, provided that all employees are informed in advance and a supplement to the employment contract is concluded with the directly concerned employees. III. The modification of the workplace of an employee An employer wishes to impose a change in the workplace of its employees for various reasons specific to the organization of the company The question arises as to the influence of the company's social and economic committee a mobility clause in the employment contract or the conditions of this modification if the decision to modify is taken against an employee in relation to alleged acts of psychological harassment on the part of the latter In preliminary, it is necessary to specify that the workplace is defined in Article R 4221-1 of the Labour Code, as being the place intended « to receive work posts located or not in the buildings of the establishment, as well as any other place included in the area of the establishment to which the worker has access in the context of their work A. [...]

[...] 97-44.339), this is not an essential element of the employment contract. Now, under the common law of Article 1193 of the Civil Code, the modification of the essential elements of a contract must be bilateral. In fact, the employer is considering both a modification of the working time and the working hours of the employees due to a modification of the working time schedule. Given that only the first is an essential element of the contract, the employee will have to give his consent regarding the working time, but he may be imposed new working hours. [...]

[...] 13-22.045), the Court of Cassation clarified that acts of moral harassment cannot justify the employer's decision to modify an employee's workplace. In fact, an employer wants to isolate his employee from the rest of his staff due to suspicions of moral harassment. If he is indeed held to a security obligation, which is a means obligation and not a results obligation, it results from the aforementioned jurisprudence that this does not constitute a legitimate reason to motivate the workplace of an employee. [...]

[...] The rights and obligations of the employer I. The modification of an employee's working hours In this case, an employer wishes to impose a modification of working hours and the work rhythm of its employees due to a modification of the public opening hours of their workplace. It will then be necessary to successively evoke the obligatory nature of the modification of working hours and the employee's recourses regarding any potential attacks on their personal life A. The coercive nature of the modification of an employee's working hours Thus, Can the employer impose a modification of the working hours of an employee? [...]