Otherwise, it could be qualified as unfair dismissal
The labour law governs the relationship between the company and the employeeIt sets a legal framework which must be respected by the employee and the company. In other words, the labour law is the body of laws and rules that regulate the employment relationship. Among the elements which are governed by the labour code, include the dismissal, resignation, leave, working conditions, accidents at work, etc What are your rights. The conseil des Prud'hommes is the court before which can turn an employee in the event of a conflict, which may oppose to his or her employer or ex-employer. It manages and resolves individual disputes between employees and employers. The Prud'hommes are themselves made up of employers and employees elected according to the principle of parity. The proceedings before the Labour court consists of two phases. First, a phase of conciliation, which is mandatory, which has to function to try to resolve the dispute amicably. Then, if the conciliation phase fails, a new phase of litigation, that is to say, the trial itself. The assistance of a lawyer for a proceeding before the tribunal is not required, but in fact often necessary. The dismissal is the termination of the employment contract at the initiative of the employer. In this, the dismissal is opposed to the resignation, which is at the initiative of the employee. The dismissal may have an economic reason or a personal reason (fault of the employee, incompetence, incapacity, etc). In all cases, a dismissal must have a cause real and serious.
The procedure of dismissal is very box and is manifested in particular by the obligation of prior notice. A dismissal can be challenged before the Prud'hommes The dismissal is the principal object of conflict between employee and employer.
The labor contract is a private law contract governed by the rules laid down in the Labour Code. Like any contract, the contract of employment binds two people: an employer and an employee. A labour contract must, in addition to the laws of labour law, respect collective agreements. The employment contract consists of several clauses, some mandatory, others optional, abusive or even banned. These clauses are negotiated at the time of the signing of the contract between the employer and the employee. The employment contract specifies the essential information about the place of work, time of work, the position, the missions, and of course the remuneration. A labour contract may be modified in the course of execution, under certain conditions. An occupational disease is a disease whose cause is directly related to the execution of the contract of employment.
To be classified as an occupational disease, the disease must be part of a table of social security or be recognized as such by the CPAM.
An occupational disease is eligible for allowance: a daily allowance or a pension in case of permanent sequelae. The legal stakes of the occupational disease is two-fold: failing to demonstrate that it is an occupational disease, and the two of them get the compensation more fair possible. A work-related accident, regardless of severity, must be assessed by the employer a declaration of health insurance. In the event of absence from work due to an accident, the employee receives a daily allowance from the social security and, subject to conditions, the continued payment of her wages If the accident results in injuries or an irreversible disability, the employee may receive a pension for work accident. The recognition and compensation of commuting accidents (accidents occurring on the journey to work) follow slightly different rules from those of the accident at work. Jurifiable of reliable legal advice and immediate Find lawyers on measurement, compare their quotations.
