Pradel’s partners have published a new article in Lamy Liaisons Sociales defining high-risk jobs according to the Labour Code and specifying the obligations relating to reinforced medical monitoring.
Our law firm has published an article in the Semaine Juridique Sociale on the CSRD directive of 14 December 2022, which came into force on 1 January 2024, detailing the new non-financial reporting obligations for companies.
We are delighted to announce our latest contribution to the Lamy Liaisons Sociales magazine. Entitled “Prévention des Addictions et Respect de la Vie Privée”, this article explores the responsibilities of employers in preventing addictions in the workplace.
Pradel has published a new article in La Semaine Juridique Sociale on the employer’s obligation to provide information before the Commission de Recours Amiable (CRA).
Camille Pradel and Virgile Pradel spoke to the M2 PSR course at Assas during a morning dedicated to occupational health, sharing their expertise and practices with the students.
In Aix-en-Provence, with our partner Bureau Veritas and the Société du Canal de Provence, we took stock of the digitisation of EHS training!
Acoss, the national fund for the Urssaf network, asked Pradel to train its teams in the issues raised by the “health at work” law and its impact on occupational risk prevention.
For the Semaine Juridique Sociale, our partners comment on a change in case law: all litigation relating to occupational injury and disease pricing has been redirected to the Amiens Court of Appeal.
Camille-Frédéric Pradel, a partner in our firm, recently shared his expertise in an article in Les Echos, dealing with the rights of employees and the obligations of employers in the event of hot weather.
Pradel was interviewed by RTL about the regulations governing working conditions in very hot weather.
Pradel ‘s published study looks at the emergence of PFAS as an occupational health concern and the concrete preventive action needed to deal with these chemicals.
In the latest issue of La Semaine Juridique Social, our partners provided an in-depth analysis of a recent Court of Cassation ruling that marks a turning point in the management of litigation.
An original concept that is unique on the market. Together with Professors Aumeran and Bouilloux, the partners at Pradel are publishing the Guide to Social Security Litigation 2023-2024. Updated with the latest legislation, this guide is a unique and comprehensive tool for all practitioners.
Wages / Laziness / Youth: How do you explain the labour shortage among seasonal workers? Bourdin talks to Alain Fontaine, President of the AFMR (Association Française des Maîtres Restaurateurs), Felix Bodoule-Sosso, Spokesperson for the FAGE and Me Camille Pradel.
A decree dated 24 April 2023 authorises employers to turn off the hot water in washrooms in companies and buildings used for professional purposes. The reason given is energy efficiency. In an interview with Le Monde, Camille Pradel points out that this provision may accentuate certain occupational hazards.
On Radio Classique, Camille Pradel shows that counting accidents at work in France is based on rules specific to national law: unfortunately, European comparisons are meaningless.
Camille Pradel and Virgile Pradel visited students in the Master 2 Protection sociale et Remmunérations programme at Paris II Assas, to talk about accidents at work and occupational illnesses.
Perle Pradel-Boureux, Camille Pradel and Virgile Pradel have written a book, published by LexisNexis, explaining to employers how to draw up a single document. Available from all good bookshops and FNAC!
Faced with the current crisis, the leading journalist interviews Pradel Avocats to find out how companies can react. In the silence of the law, practical and benevolent solutions must often prevail!
Patrick Roger asks Camille Pradel: what does employment law say when an employee runs out of petrol to go to work?
With fuel shortages affecting a third of France’s service stations, many workers are finding it difficult to get around. What does employment law provide for? Les Echos” interviews Camille Pradel to find out
Labour law needs to be adapted. That’s what Virgile Pradel suggested on 19 July 2022 on France Bleu Paris: the Spanish are doing it right, why shouldn’t we?
Heatwave day in France! Les Echos asks Camille Pradel and Virgile Pradel what measures are needed to protect employees’ health.
Two companies have introduced menstrual leave. This is an innovative scheme that addresses problems that are largely under-explored. Pradel Avocats talks to“Le Monde” on this subject.
Le Monde’s Catherine Quignon interviews Camille-Frédéric Pradel to find out why France’s statistics on fatal accidents are so poor
The biologists’ union calls on Pradel Avocats to advise it on what to do in the event of a professional accident in a laboratory.
Since 1996, the Webby Awards have been the most prestigious accolade for excellence in web design. In 2022, Pradel.law won first prize in the “law” category, joining National Geographic, the State of Florida, Adidas and Netflix. You’re surfing an award-winning site!
Camille Pradel talks to France Culture about the law of 5 August 2021 on health in the workplace and how to prevent employees from losing their jobs
The Cnews channel seeks the opinion of lawyer Camille Pradel for a live deciphering of the government’s health policy.
Written by recognised practitioners, including the partners of Pradel Avocats on issues relating to health in the workplace, Lexis® Pratique Social provides precise insights into the practice of employment law.
The end of the “minimum number of days” of teleworking set by the State in companies from Tuesday evening. What are the consequences for employees and their employers? Camille Pradel explains all on Sud Radio.
Leading journalist Laurence Neuer talks to Camille Pradel in Le Point about the legal risks of the health pass.
In the columns of Usine Nouvelle, Pradel Avocats talks about managing business travel in times of health crises.
Interviewed on Sud Radio, Camille-Frédéric Pradel deciphers the sanctions mechanism resulting from the health pass and compulsory vaccination.
13 July 2021: In the wake of the French President’s announcements, Les Echos asked Camille-Frédéric Pradel for some clarification on the legal regime of the forthcoming generalized health pass.
That’s the question Camille-Frédéric Pradel answers in Les Echos. Invented in the United States, this practice would have some difficulty being exported to France.
Live on BFM TV, Camille-Frédéric Pradel answers the question: can healthcare workers be forced to be vaccinated?
With Alain Bouilloux and Patrick Leroy, Camille-Frédéric Pradel, Perle Pradel-Boureux and Virgile Pradel have co-written the Guide du contentieux de la sécurité sociale 21-22 . Comprising more than 30 fact sheets , including 6 formulas, this guide is aimed at all practitioners who need to understand social Security litigation.
In two rulings published in the Bulletin, the Second Civil Chamber has applied without modification the rules on the lapse of proceedings set out in article 386 of the Code of Civil Procedure. Pradel Avocats comments on this development in case law for SJS.
In La SJS, Pradel Avocats presents the new register of minor accidents (D. of 29 April 2021). In short, the employer will be responsible for verifying the establishment’s eligibility for the register, drawing up its own register of minor accidents and archiving it for a period of 5 years.
How do you go to court when the appeal comes under both the CRA and the CMRA? This question requires an extremely technical and precise answer. That’s why LexisNexis has asked Pradel Avocats to draw up a model application!
Camille Pradel, Virgile Pradel and Perle Pradel-Boureux explain how individuals can limit the risk of being held liable for inexcusable fault.
Camille Pradel is interviewed by TF1’s 8 o’clock news programme to talk about decontamination. Will a vaccination be required to go to a restaurant?
In L’Express, Camille-Frédéric Pradel and Virgile Pradel discuss the issues raised by vaccination by occupational health services. Will medical confidentiality be guaranteed? Does the company run any risks? All these questions are clarified in the interview.
The HR/EHS function will play a crucial role in rolling out the AstraZeneca vaccine within companies. In Les Echos, Camille-Frédéric Pradel and Virgile Pradel decipher and analyse this real conductor’s job that is taking shape for human resources and safety managers!
In its podcast, Pradel Avocats presents a new case law from the Cour de cassation (French Supreme Court) that changes the way in which reservations must be justified. The Second Civil Chamber states that employers are not required to prove their case when they express doubts about the occupational origin or materiality of a claim.
Camille-Frédéric Pradel writes in Le Monde about the end of the home-made mask: “This issue is going to pose major problems“. The first of these being tensions over the supply of surgical masks.
On BFM TV, Virgile Pradel explains how vaccination can be legitimised. Technical legitimacy: the occupational physician is the decision-maker. Social legitimacy: staff representatives are involved.
In their podcast “Pradel vous conseille”, Camille Pradel and Virgile Pradel detail the complex application of the regulations on break times for teleworkers.
On the “On arrête pas l’éco” programme on France Inter, Virgile Pradel is asked to answer specific questions from listeners.
The vehicle for this obligation to vaccinate: the company. It would be a four-way waltz between employer, employee, occupational physician and CSE. This subtle movement is described in the latest episode of the Pradel Avocats Podcast.
Camille-Frédéric Pradel, speaking on France Bleu, says: “In practice, yes, these rules must be complied with, because in the event of a dispute, it will be ascertained whether or not they have been complied with. And failure to comply could render the employer liable”. This invites companies to deploy teleworking.
Interviewed in Le Monde as an expert on the subject, Virgile Pradel insists: “Employers cannot improvise themselves as doctors; it is up to occupational medicine to determine the exact details of the testing campaign”.
Interview in Le Point: Camille-Frédéric Pradel outlines a teleworking policy that complies with applicable law.
The question arises. Because there is currently no firm legal basis for carrying out this task. Virgile Pradel describes the precautions to be taken, so that employers can limit the legal risk.
At the end of September 2020, the French administration is updating – yet again – the Covid national protocol. Pradel Avocats presents the latest developments in Semaine Juridique Social
What should I do if I suspect Covid? The procedure to follow is complex, because there are many legal pitfalls.
In this podcast, we offer you a simple, workable procedure.
Covid may be recognised as an occupational disease: this is the contribution of Decree 2020-1131 of 14 September 2020. The text is set out by Pradel Avocats, in a commentary for issue 38 of the Semaine Juridique Social.
Second episode of the “Pradel advises you” podcast. A recent decree recognises covid as an occupational disease.
How does this recognition work? What are the risks for employers?
Pradel avocats answers questions from La Semaine Juridique Social about the obligation to wear a mask at all times in the workplace.
The principle of wearing a mask everywhere raises some serious questions.
In the first episode of its long-awaited podcast, Pradel Avocats discuss es the issue of masks in companies and possible solutions for deploying them.
The government remains deliberately vague about the requirement to wear a mask when faced with covid-19. How can we ensure compliance on this point? Pradel Avocats clarifies the situation in an article published in the Semaine Juridique Social.
Pradel Avocats does not shy away from complexity. In the Semaine Juridique Social, the firm provides its analysis of a byzantine piece of legislation: the crisis measures relating to salary maintenance.
A decree issued on 8 April 2020 sets out the conditions under which occupational health and safety services may postpone certain medical check-ups until 31 December 2020. Pradel Avocats comments on this decree in La Semaine Juridique Social.
Payroll departments are currently grappling with the issue of how to deal with the various emergency arrangements for maintaining salaries during an epidemic Pradel Avocats resolves the issue in the Semaine Juridique Social.
Le Point today interviews Camille-Frédéric Pradel. He explains how employers should minimise exposure to occupational risk.
On LCI, Mr Camille-Frédéric Pradel points out that occupational health physicians play a crucial role in managing health crises in the workplace.
The government’s information now concerns the right of withdrawal in the face of the Coronavirus. Unfortunately, this document is too fragmentary to provide an effective response to employers’ legitimate questions. Our deciphering of the issue is published this week in the Semaine juridique social!
And Pradel Avocats has been chosen to provide them with legal training! To find out more, come and see us on 6 March 2020 at the Pitié Salpêtrière Hospital, as part of the DIU in medical expertise run by Professors Coriat and Ludes.
Sud Radio’s call to Camille-Frédéric Pradel: what are companies doing about the current epidemic? It’s a pressing question, and one that begs another: when will the public authorities set out clear guidelines for action?
In the midst of the Coronavirus crisis, Camille-Frédéric Pradel talks to LCI about the effectiveness of public policies.
On BFM TV, Camille-Frédéric Pradel explains the difficulties of implementing the right of withdrawal when faced with the risk of contamination.
Interviewed in Les Echos on the management of the Coronavirus crisis, Camille-Frédéric Pradel reveals the difficulty employers are having in notifying the ARS in good time, due to the lack of a suitable legislative framework.
As 2019 draws to a close, it’s a good time to take stock of the major advances made by the Cour de cassation in the field of occupational health. Pradel Avocats has been commissioned by La Semaine Juridique Social to draw up this review, for the information of all.
This thorny question arises for those who deploy their workforce in mainland China. Pradel Avocats responds in a study prepared for the Semaine Juridique Social. The precautionary principle is permeating labour law, and imposing certain practical measures in the face of the epidemic.
Every year, employers with at least 50 employees are required to check their company’s accident index. But how do you calculate it? Pradel Avocats provides a (short) reminder!
A decree n°2019-1506 of 30 December 2019 claims to “simplify” Security litigation. In the Semaine Juridique Social, Pradel Avocats shows that the approach is not necessarily fruitful. In particular, it has made pre-litigation appeals more complex.
For his November 2019 column, Dominique Verdeilhan invites Camille-Frédéric Pradel to provide an overview of the legal regime governing anxiety-related harm.
The question is eminently complex. But Pradel Avocats intends to answer it in an article published in the Semaine Juridique Social in October 2019. In it, the firm sets out a guide to best practice for managing the legal risks associated with anxiety-related harm.
We comment on a manifestly excessive ruling by the Court of Cassation: the finding by the Court of Appeal of an injury that could not have occurred at work does not rebut this presumption. This case law suggests that medical assessment should be entrusted more to medical experts.
Any employee exposed to toxic or noxious substances can claim compensation for the anxiety he or she may suffer as a result of developing a medical condition. Pradel Avocats explains
As the number of documents that employees need to be aware of increases, so does the number of compulsory notices. One of these documents is the all-important occupational risk assessment document. Pradel Avocats today sets out some (short) guidelines for posting it.
The benchmark for law firm rankings, the American magazine Legal 500, has published its long-awaited rankings. Once again, Pradel Avocats is ranked first. The ranking states: “The firm, which has around fifteen lawyers, works for major French groups, including many CAC 40 companies, and has recently secured several new clients, including a major foreign group”
When it comes to post-occupational medical monitoring, what documents should be provided to employees exposed to carcinogens? Camille-Frédéric Pradel, Perle-Marie Pradel and Virgile Pradel answer these questions in La Semaine Juridique (LexisNexis France).
Perle-Marie Pradel, Camille-Frédéric Pradel and Virgile Pradel were heard yesterday by the Senate as part of the information mission on health at work. Major areas for improvement in social security law were identified, particularly in terms of monitoring hazardous chemical agents.
Pradel Avocats brings its expertise to bear and provides you with a template for convening the CSE following a serious accident. This is a crucial step: you need to inform the staff representative bodies and prevent any future accidents.
The Jurisclasseur brings together the most advanced studies on the various themes of employment law. Among them is a presentation of Social Security Litigation. This year, Pradel Avocats has been chosen to prepare the document, which is a doctrinal reference in the field.
Pradel Avocats comments in the Semaine Juridique Social on a new ruling in Criminal Labour Law. The case begins with the death of a former combat swimmer while dismantling a ship that had run aground in the Grand Port of Marseille. The Criminal Division clarifies the cumulative nature of the offences of disregarding safety standards and endangering the life or integrity of persons.
Pradel Avocats, an expert on the sensitive issue of arduous working conditions, is interviewed by Infos protection and explains the system for preventing disorders linked to exposure to mechanical vibrations.
After awarding the coveted distinction, the publication specifies : “Pradel Avocats specialises in health and safety at work social security protection issues. The firm advises a large French client base including several CAC 40 companies and has recently gained a number of high-profile companies as new clients including a major international corporation”.
The automation of tasks is opening up revolutionary prospects for occupational health. Drones operated by humans could replace them on dangerous missions. This transformation comes with the emergence of a new legal framework, analysed by Pradel Avocats in the Semaine Juridique Social.
Questioned by Dominique Verdeilhan, Camille-Frédéric Pradel explains the law on preventing addictions in the workplace.
On 22 March 2019, as part of an Inter-University Diploma led by Professors Bertrand Ludes and Pierre Coriat, Cabinet Pradel will be speaking on the subject of the invalidation of expert appraisals for failure to comply with procedural rules.
Litigation reform means that models for bringing cases before the courts need to be adapted. Pradel Avocats is on the front line. We have prepared the model for referrals to the Amiens Administrative Court for the Semaine Juridique, édition Social.
With a view to putting its expertise at the service of decision-makers, Pradel Avocats is publishing standard forms in the Semaine Juridique of 29 January 2019 for use in general (labour court) and technical (CMRA) Social Security litigation.
New from 1 January 2019: victims of a work-related injury or disease with a degree of incapacity of at least 10% can benefit from an additional 500 (!) hours on their personal training account to prepare for professional retraining.
Pradel Avocats provides a reminder of the rules governing the measurement of occupational injury and disease claims on the basis of the employer’s account drawn up by CARSAT.
The government is extending access to part-time work.
L’Usine Nouvelle interviews Pradel Avocats.
How can we ensure that employees are effectively monitored by the occupational health service? Pradel Avocats provides a summary of the applicable regulations.
Pradel Avocats is proud to be a partner of Guillaume Barrage & Nicolas Saint Bris, alumni of ESCP Europe, for their participation in the world’s toughest rowing race, and their support for sick children who are fighting to learn and grow
The European Union wants to limit employee exposure to exhaust fumes. In its edition of 19 October 2018, the newspaper Le Monde interviews Pradel Avocats on this subject.
In La Semaine Juridique Social, Pradel Avocats presents a summary of Professor Paul Frimat’s report. It sets out the conclusions of the Ministerial Task Force on the prevention and recognition of workers’ exposure to hazardous chemical agents
In La Semaine Juridique Sociale, Pradel Avocats presents a summary of Professor Paul Frimat’s report. It sets out the conclusions of the Ministerial Task Force on the prevention and recognition of workers’ exposure to dangerous chemical agents
Pradel Avocats was interviewed as part of the ministerial mission on exposure to hazardous chemical agents, which was entrusted to Professor Frimat, a university professor and hospital practitioner at the University of Lille, specialising in occupational health. Now that the report has been published online, Pradel Avocats has been invited to give its analysis. The interview can be viewed on the Actu Environnement.com website.
In the Semaine Juridique, Cabinet Pradel comments on a 31 May 2018 ruling by the social chamber of the Cour de cassation. In it, the judge providesenlightening details on the litigation of undue payments following an audit of the activity-based pricing system.
Pradel Avocats is cited in this capacity in the Commission ‘s work on occupational illnesses and diseases in industry (chemical, psychosocial or physical risks) and the means to be deployed to eliminate them.
The Labour Ordinances have excluded hazardous chemical agents from the arduous work criteria that must be declared by the company. Actuel RH, the Editions Législatives group’s news magazine, asked Camille-Frédéric Pradel about the removal of the requirement to monitor hazardous chemical agents.
On 11 July 2018, at theUniversity of Nantes, Ms Olivia Nongou Moundounga defended her doctoral thesis in Social Security Law on “Work and health in Gabon: what occupational guarantees for employees? “. Camille-Frédéric Pradel was a member of the jury. The whole of Cabinet Pradel congratulates Olivia Nongou Moundounga on her doctorate in law.
Perle-Marie Pradel-Boureux and Camille-Frédéric Pradel were interviewed by the Parliamentary Commission of Inquiry into occupational illnesses and diseases in industry (chemical, psychosocial or physical risks) and the means to be deployed to eliminate them.
The famous Legal 500 ranking explains this decision in these terms: “Pradel Avocats exhibits ‘excellence and high responsiveness’ when advising on social security and health employment law issues. The ‘available and expert’ eight-lawyer team assists many leading French corporations and handles high-stakes cases. Michel Pradel, Camille-Frédéric Pradel, Perle-Marie Pradel-Boureux and Virgile Pradel are in charge.”
Madame Muriel Pénicaud, Minister for Labour, has entrusted Professor Paul Frimat with a mission on exposure to hazardous chemical agents. To be able to assess the effectiveness of standards in this area, the latter had to hear experts, including Camille-Frédéric Pradel and Virgile Pradel, heard on 18 December 2017.
On 17 November 2017, Camille-Frédéric Pradel was interviewed live on France Info. Subject of the report: the disappearance of monitoring of dangerous chemical agents with the Macron ordinances of summer 2017.
The Macron ordinances are intended to transform the rules applicable to the recognition of arduous work. Significant changes have been made. These are summarised by Pradel Avocats, at the request of DO magazine (LexisNexis)
In JCP S, Cabinet Pradel Avocats analyses the new rules resulting from Order No. 2017-1389 of 22 September 2017.
The ordinance reform of the Labour Code also concerns the monitoring of exposure to hazardous chemical agents. Against this backdrop, France 2 turned to Pradel Avocats for a legal perspective.
Join us in Dijon, Burgundy, for a conference given by Cabinet Pradel and Bureau Veritas. This presentation will cover the employer’s civil and criminal liability in the event of an occupational accident.
Pradel Avocats is embarking on a new financial year, and with it comes a major accolade: first place in the Legal 500 ranking for social security law!
In JCP S, Cabinet Pradel Avocats deciphers the new rules for proving the link between occupational disease and work in cases of inexcusable fault, as they result from the Court of Cassation’s ruling of 15 June 2017.
France Info’s “justice décodée” column asks Camille-Frédéric Pradel about endangering the lives of others.
In the Semaine Juridique, Pradel Avocats analyses the Court of Cassation’s ruling that the exposure of employees to asbestos constitutes a danger to the life of others.
On 15 June 2017, France Info welcomed Camille-Frédéric Pradel to its legal column to describe the law applicable to high-risk positions
Combating undeclared work is one of the objectives set by the Ministry of Employment, particularly in the building, public works and civil engineering sector. The regulations are being tightened and the number of inspections carried out by the authorities is increasing.
As a result, project owners are assuming considerable responsibility in the event of undeclared work. What are the legal risks involved? What legal and operational means can be used to monitor the presence of workers on building sites?
These will be the topics of the next Cabinet Pradel / Bureau Veritas conference, on 4 July 2017 at NCI Comsquare, in La Défense.
This note concerns theidentification of high-risk jobs requiring enhanced medical monitoring of the worker’s state of health (Art. L. 4624-2 CT). This enhanced monitoring includes, in particular, a medical examination of fitness carried out before recruitment and renewed periodically.
Less than 30% of companies have a company file. However, it is essential to ensure without delay that every company or establishment has a company file drawn up and updated by the occupational physician.
The series of conferences organised with Bureau Veritas continues!
Entrepreneurs, HR managers, payroll or safety managers… All are invited to the Château de Flaugergues, not far from Montpellier, to discuss the legal risks associated with occupational accidents.
In 2017, Bureau veritas is organising a series of conferences with Pradel avocats on the civil and criminal liability of companies in the field of occupational health.
The first conference will be held on 25 April 2017 at Mas Tolosa, near Toulouse.
“Doctors of law, ultra-specialised experts… The firm is a benchmark. In fact, Bureau Veritas has placed its trust in the firm and entered into a partnership with it. The partners have been interviewed by the French National Assembly on the subjects of work-related accidents and illnesses, and burnout syndrome. A network of fifty-eight specialised correspondents enables it to intervene throughout France.”
In a ruling dated 9 February 2017, commented on by Pradel Avocats in the SJS, the Cour de cassation confirms its case law. An employee whose work was not directed by his employer at the time of the accident may only make a claim for compensation for the loss suffered as a result of inexcusable fault against the employer.
In its ruling of 19 January 2017, the Cour de cassation provided an innovative solution by holding that the permanent incapacity rate to be used for investigating a claim for coverage of a disease not designated in an occupational disease table is the rate assessed by the medical control department in the file compiled for referral to the regional occupational disease recognition committee, and not the permanent incapacity rate set after consolidation of the victim’s condition for compensation for the consequences of the disease. In JCP S, Pradel Avocats explains the background to this complex case law
Interviewed by journalist Dominique Verdeilhan, Camille-Frédéric Pradel sheds legal light on the treatment of burn out.
The CHSCT is convened in the event of a serious event linked to the establishment’s activities and affecting public health or the environment. PRADEL offers a model for convening an extraordinary meeting of the CHSCT in the event of an employee’s accident at work.
The employer may replace the declaration of accidents that do not result in sick leave or medical treatment by an entry in a register opened for this purpose. PRADEL provides a model letter to CARSAT requesting authorisation to do this.
In a ruling handed down on 6 September 2016, the French Supreme Court (Cour de cassation), apparently for the first time, ruled that an employer’s conviction for manslaughter could be based solely on the lack of information in the Single Document (DUERP).
Pradel is concerned about the more lenient conditions under which employers can be held criminally liable for inadequacies in the Single Document, in particular the questionable use of the suppletive function of gross negligence. Lastly, it transposes this case law to the criminalisation of failure to comply with other obligations to provide information on occupational risks.
When asked by Les Echos about the application of the Labour Law to incapacity, Camille-Frédéric Pradel believes that by reforming incapacity procedures, the law eases the task of HR departments.
Camille-Frédéric Pradel comments for ACTUEL RH on the 11 January 2017 ruling by the social chamber of the Court of Cassation.
Basket allowances and transport allowances are no longer included in the basis for calculating the salary maintenance allowance in the event of sickness and the paid holiday allowance when they compensate for a hardship to the job.
PRADEL notes that, according to the Court of Cassation’s ruling of 11 January 2017, basket bonuses and flat-rate transport allowances compensating for a particular hardship of the job are not in the nature of additional pay and therefore do not form part of the basis for calculating the salary maintenance allowance in the event of sickness and the paid holiday allowance.
The Labour Act of 8 August 2016 introduces a major change. From 1 January 2017, the opinions of the occupational physician will be subject to effective judicial medical review.
This provision will mean a change in practice for companies, which until now have been powerless to deal with the opinions of the occupational physician.
To help employers deal with this new prerogative, PRADEL AVOCATS and SECUREX MEDICAL SERVICES FRANCE have decided to offer a coordinated legal aid and medico-legal advice service.
In the event of occupational exposure to a carcinogenic agent, the employer must provide the employee with certain documents, in application of complex regulations. As part of its partnership with BUREAU VERITAS, PRADEL offers a comprehensive analysis of the formalities implemented by the company.
PENIBILITY: the government accuses employers of playing for time before the presidential election – published on 25 October in Le Figaro Economie
“A poorly drafted reference framework can become a litigation bomb and a real disaster for an industry,” warns Camille-Frédéric Pradel, a lawyer at Pradel Avocats.
As part of its partnership with BUREAU VERITAS, PRADEL is analysing the provisions relating to the operation of occupational medicine. Several points require particular vigilance:
– the maintenance of a compulsory medical examination on recruitment ;
– modulating the frequency of check-ups according to the category of worker;
– asserting the occupational physician’s powers to adapt the workstation;
– harmonisation of the procedure for determining unfitness for work;
– streamlining the employer’s obligation to redeploy.
Camille-Frédéric Pradel and Perle-Marie Pradel-Boureux have been invited to be interviewed by the rapporteur, Arnaud Viala.
Camille-Frédéric Pradel was invited to speak at the French National Assembly as part of the Mission on Burnout Syndrome.
Source LEGAL500 :
PRADEL Avocats “offers a unique approach that delivers unrivalled results in social security matters”.
The firm has “extensive knowledge of the players in the field”. It is appreciated for its “efficiency, speed of intervention and extremely professional follow-up system” – the firm has, in particular, created the first CNAMTS-approved computer processing software for a law firm.
The team of seven lawyers advises a client base that includes many leading French companies. It handles cases relating to health and accidents at work, URSSAF and arduous work.
The business is run by Michel Pradel, Camille-Frédéric Pradel, whose “degree of expertise and creativity” are to be commended, Perle-Marie Pradel-Boureux, who is appreciated for her responsiveness, and Virgile Pradel.
PRADEL details the clarifications provided by the instruction of 20 June 2016 on the implementation of the personal account for the prevention of arduous work and updates the terms of application of the scheme. PRADEL also highlights the text’s weaknesses and shortcomings, which could lead to future litigation.
“In addition to the fact that the reference system constitutes a sort of shield against legal risks, it also makes it possible to address issues of work organisation and to assume the obligation of safety and results”.
Interview with Camille-Frédéric Pradel for Les Echos.
In a ruling handed down on 15 March 2016, the Criminal Division strengthened its control over the proper assessment of occupational risks by employers. As a result, employers may be held criminally liable if they draw up an inadequate single document.
In our special report on “Tackling arduous work”, Camille-Frédéric Pradel takes stock of the legal risks that organisations could face.
Official sponsor for the past 2 years, PRADEL is proud to announce the victory of the ESCP rowing team and its team member Virgile PRADEL.
The Coupe des Grandes Ecoles of the 12th Challenge Prince Albert II de Monaco was contested during the world event organised by the Principality last weekend.
Two decrees and eight orders published in the Official Journal on 30 December 2015, and coming into force on 1 January 2016, complete the system for preventing arduous work. Pradel summarises the changes made to the scheme:
1. the entry into force of the six remaining hardship factors has been postponed until 1 July 2016
2. the two factors “repetitive work” and “noise” have been modified
3. exposure to hazardous chemical agents has been defined
4. nights worked in successive alternating shifts are not taken into account
5. the system for preventing arduous work has been simplified:
a/ exposure to arduous work will be declared via the DSN or the DADS
b/ the individual record for workers not likely to acquire rights under the arduous work account will be maintained
c/ the system does not exempt workers from individual medical surveillance
d/ extended branch agreements or approved professional benchmarks determining worker exposure are taken into account
6. the procedures for using the arduous work prevention account for vocational training or for switching to part-time work are specified
7. the public social security service will monitor the effectiveness or extent of exposure to risk factors
In a decision handed down on 9 November 2015, the Conseil d’Etat held the public authorities jointly liable, with the employer, for occupational exposure to asbestos prior to 1997. PRADEL analyses the implications of this decision for the employer and considers the extension of the employer’s recourse action for exposure to other pathogenic agents. In particular, PRADEL concludes that there is a need for clarification of the case law concerning compensation for anxiety-related harm.
Pradel examines the new ways of organising work emerging in the United States and analyses the possibility of transposing them to France.
PRADEL deciphers the measures relating to occupational health contained in Act no. 2015_994 of 17 August 2015. It introduces the recognition of psychological pathology as an occupational disease. Largely in line with the recommendations of the Issindou report on aptitude and occupational medicine, and the Sirugue-Huot-Virville report on the personal account for the prevention of arduous work, the measures contained in the Act of 17 August 2015 provide a framework for and simplify the arrangements relating to arduous work by replacing the employer’s obligation to draw up an individual exposure prevention sheet with a declaration to the public social security service.
Will an expatriate employee benefit from the same rights in terms of arduous work? How do the regulations apply to a worker posted abroad? PRADEL avocats explains in detail the obligations of employers and the rights of workers in an international working context, including the traceability of exposure to risk factors and the replenishment of the personal account for the prevention of arduous working conditions.
“The employer alone is liable in court for any damage suffered by his employees”
Camille-Frédéric Pradel reminds us of the employer’s obligations when a new technology is introduced on a site. The new equipment must first be submitted to the CHSCT to assess the risks of its use by employees and to organise the new working conditions. Employers have a duty to ensure the health and safety of their employees.
“Track record: faced with the year’s major event – the law on arduous working conditions – the firm got involved very early on in the exploration of this new law. A pioneer in the field, it is already regularly called upon to help companies implement the new legislation. The team has also been involved in a number of Urssaf audits with high financial implications.
Differentiation: the family firm Pradel Avocats devotes its entire practice to social security, supplementary social protection and occupational health law. Whether advising or litigating, its clients are mainly from the retail, manufacturing and food industries
DECIDEURS – 2015 Leadership & Human Capital Management Guide
To meet the requirements of Articles L.4131-1 et seq. and L.4133-1 et seq. of the French Labour Code, Pradel offers two models of alert register:
– warning register for serious and imminent danger,
– register of alerts relating to public health and the environment within the company.
In an interview granted to the HRCareers website, the 1st platform exclusively dedicated to employment and training in Human Resources and employment law, Camille-Frédéric Pradel describes the new obligations of employers in terms of arduous work.
View the interview
In its ruling of 12 February 2015, the Second Civil Chamber of the Court of Cassation introduced adversarial proceedings before the out-of-court appeals commissions of social security bodies, without making these commissions courts of law.
PRADEL comments on and welcomes the Court of Cassation’s hitherto unprecedented verification of the adversarial nature of proceedings before a social security body’s out-of-court appeals commission.
The report entitled “Compte personnel de prévention de la pénibilité : propositions pour un dispositif plus simple, plus sécurisé et mieux articulé avec la prévention” (Personal account for the prevention of arduous work: proposals for a simpler, more secure system better linked to prevention), drawn up by Christophe Sirugue, MP for Saône et Loire, Gérard Huot, Honorary Chairman of the Essonne Chamber of Commerce and Industry, and Michel Davy de Virville, Honorary Senior Advisor to the Court of Auditors, was submitted to the Prime Minister on 26 May.
Decree no. 2015-259 of 4 March 2015 lays down the procedures for user companies to provide the temporary employment agency with the information it needs to draw up the exposure prevention sheet. Pradel explains the new obligations of user companies and temporary employment agencies set out in the decree, which comes into force on 1 January 2015. Pradel also explains how these new obligations interact with other existing occupational health information obligations specific to temporary work.
Pradel explains the procedures for implementing the arduous working conditions account set out in DGT-DSS Instruction No. 1 of 13 March 2015:
definition of the hardship factors applicable in 2015; assessment of employees’ exposure to hardship; preparation and communication of the exposure prevention sheet; scope of the personal hardship prevention account; declaration of exposure; declaration and payment of contributions.
“The obligation to reimburse payable by the public social security service arises from the reduced rate, notified by Carsat, not from the judgment declaring a decision by the primary fund unenforceable against the employer.”
Pradel comments on the judgment of the Second Civil Chamber of the Court of Cassation of 12 February 2015, which demonstrates its willingness to implement the principles protecting property rights and those relating to the right to an effective remedy.
While severity rates and indices do describe the impact of claims on production at a macroeconomic level, their usefulness for studying a company’s claims record is questionable.
To illustrate this point, Pradel identifies two major limitations to existing frequency and severity indicators: firstly, the omission of occupational illnesses; and secondly, the omission of the date on which the accident occurred in the calculation of severity indicators based on the number of TIW and IPP recorded during the year.
Pradel proposes to create a frequency indicator and a severity indicator linked to occupational illnesses, and to revise the severity indicators by allocating the AT/MP charge to the year in which the claim is recorded.
Pradel details the terms and conditions for implementing the new arrangements for preventing arduous work specified by six decrees dated 9 October 2014 with a view to their application from 1 January 2015.
The terms and conditions are exposure to occupational risk factors, the organisation of employee information by the employer on these exposures, the framework for the operation of the personal account for the prevention of arduousness and employer control, and the implementation of agreements and action plans concluded in favour of the prevention of arduousness.
“Henceforth, when an undue payment is the result of an administrative or judicial decision, the limitation period for an action for reimbursement of the contributions in question cannot begin to run before the obligation to reimburse arises as a result of this decision. Accordingly, the three-year limitation period for filing a claim for reimbursement (CSS, art. L243-6) does not start to run until notification of the reduced rate of contributions.”
The family team assists medium-sized and large companies in the industrial, agri-food, retail and luxury sectors. It has built its reputation on its commitment to defending employers in occupational health cases. This year was marked by the Court of Cassation’s endorsement of several of the issues the firm defended in Urssaf cases. All our team members specialise in social security and supplementary social protection law, and are very active in the courts. Always on the lookout for new legal arguments, they also rely on a network of fifty-eight correspondent law firms throughout France.
The law increases corporate social responsibility and encourages a ‘whistleblowing culture’ within companies. In scientific journals, Pradel Avocats describes the legal framework for exercising the employee’s right to alert, the pivotal role of the CHSCT and the employer’s obligation to respond to the alert.
In the SJS, Pradel Avocats provides a practical overview of how to take account of arduous working conditions under Law 2014-40 of 20 January 2014: new employer obligations, operation of the personal arduousness prevention account, funding of the scheme, monitoring and litigation, and social dialogue.
A ruling by the Second Civil Chamber on 10 October 2013 confirms this, says Pradel Avocats in La Semaine Juridique. An appeal lodged with a CARSAT against notification of an accident at work contribution rate interrupts the running of the statute of limitations on the claim for reimbursement of unduly paid contributions.
Once again in 2013, PRADEL was ranked best specialist in social security and supplementary health law by LEGAL 500 and Décideurs!
Through a distorted interpretation of the recent OGF case law of 24 January 2013, certain URSSAF bodies are attempting to deprive litigants of the possibility of defeating the statute of limitations under Article L.243-6 of the Social Security Code. Pradel Avocats responds in JCP S.
The Social Security Financing Assessment and Control Mission (Mecss) had interviewed Pradel Avocats as part of its work on work stoppages. It presented its final report on work stoppages and daily allowances to the Social Affairs Committee, which was accepted unanimously.
The public social security system has guidelines for prescribing sick leave. The fight against abusive stoppages requires these guidelines to be incorporated into medical inspections. In La Semaine Juridique Social, Pradel Avocats explores the ways in which this necessary change is taking place.
Can a final judgement declaring that injuries covered under employment legislation cannot be enforced against the employer remain a dead letter?
“Opposing the URSSAF statute of limitations under article L.243-6 of the Social Security Code, when the employer cannot claim reimbursement of contributions, leads to a Kafkaesque situation”, says Pradel Avocats in La Semaine Juridique.
Can an employer allow an employee to work, even very occasionally, without constraint and on a voluntary basis, even though the employee is off sick? In a ruling handed down on 21 November 2012, the French Supreme Court (Cour de cassation) said no. Pradel Avocats comments on this case law in authorised reviews.
Michel and Camille-Frédéric Pradel were invited to speak at the National Assembly by the Mission d’évaluation et de contrôle des lois de financement de la sécurité sociale (MECSS) as part of its work on “sick leave and daily benefits”.
The report written for the Sages states: “In 2010, in her thesis Le médecin libéral face au service public de sécurité sociale (Private practitioners and the public social security system), Perle-Marie Pradel also concluded that “the repressive actions of traditional disciplinary litigation and technical inspection litigation are not identical in cause and purpose, which prevents the application of the ne bis in idem rule. Traditional disciplinary litigation concerns professional ethics, whereas technical inspection litigation is linked to social security rules”
La Semaine Juridique, 15 January 2013 – A decree issued on 3 January 2013 sets out the new situations in which the financial penalties provided for in article L.162-1-14 of the French Social Security Code may be applied. This applies to insured persons, employers and healthcare professionals.
La Semaine Juridique of 4 December 2012: Camille-Frédéric Pradel and Virgile Pradel expose the lack of consistency in the case law of the Cour de cassation.
In La Semaine Juridique of 27 November 2012, Camille-Frédéric and Virgile Pradel write: “Let us note the great silence of legal experts when it comes to the abuse of sick leave. Yet such abuses do exist, encouraged by the absence of effective medical supervision. Once this awareness has been raised, medical checks will have to be stepped up. It’s a question of balancing the social security system and maintaining social cohesion
Camille-Frédéric Pradel was invited by the Ecole Nationale de la Magistrature to speak on the subject of the fight against fraud. “The decision to pay for sick leave is not subject to any review of its medical relevance. “
For the third year running, Pradel Avocats has been ranked as the leading law firm in occupational health and safety law.
The verdict is clear: Pradel Avocats ranked as the leading law firm in occupational health and safety law.
The Constitutional Council extends employees’ right to compensation