What to remember in September?

• From September 1st, 2022

1. Companies counting 50 employees or more should complete their Internal Regulations to include the existence of the whistleblower protection scheme put in place. Whistleblowers will benefit from reinforced protection of their entourage, a more flexible procedure, authorization to issue internal, external, or public alerts, and a reinforced protective regime.

2. A bonus-malus will be applied to certain companies’ unemployment insurance contribution rate depending on their “termination rate”. This termination rate is calculated by the ratio between:

– the number of terminations of employment contracts or interim assignments which are followed by the employee’s registration with the unemployment agency (POLE EMPLOI), and,
– the company’s average annual headcount.

In general, the types of termination which allow an employee to register with the unemployment agency are the following: dismissal, termination by mutual consent, expiration of fixed term contracts. Some fixed term contracts however such as internships are excluded from this measure.

The amount of the bonus or malus will be determined by comparison between the termination rate of the companies concerned and the median termination rate of their sector of activity. The standard contribution rate is 4.05%. Once the bonus-malus applied, the rate in any case will not be less than 3% or more than 5.05%.

The bonus-malus will apply to companies with 11 or more employees in industries with an average termination rate of over 150%. Concerned companies will be notified their rate by September 1st, 2022.

• From October 1st, 2022

3. The individual “Prevention Passport” comes into effect: according to a new Article L. 4141-5 of the French Labor Code, employers and/or training organizations must complete this passport with the attestations, certificates and diplomas obtained by an employee in the context of training relating to health and safety at work provided at the company’s initiative. The employee will also be able to enter such documents in this Passport when they are obtained at the end of training courses that he/she has followed at his/her own initiative.

Should you have any questions, or should you need assistance in this matter, please do not hesitate to contact us.

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