Annual social security ceiling (PASS)
The social security ceiling figures for 2025 are as follows: monthly social security ceiling (PMSS): €3,925; 1 PASS: €47,100; 2 PASS: €94,200; 6 PASS: €282,600; 10 PASS: €471,000. The annual social security ceiling (PASS) is therefore set at €47,100 as from 1 January 2025, an increase of 1.6% compared with the 2024 level. (Order of 19 Dec. 2024 setting the social security ceiling for 2025)
Settlement agreement drafted in general terms and compensation for asbestos-related anxiety damage
A settlement agreement drafted in general terms renders inadmissible the employee’s claim for compensation against the employer seeking redress for her anxiety damage, even if the settlement was concluded before the employer was added to the list of establishments allowing the implementation of the early retirement allowance for asbestos workers (ACAATA). (Cass, soc., 6 Nov. 2024, no. 23-17.669)
Presumption of resignation: the need to inform the employee of the consequences he faces if he does not return to work without legitimate grounds
Law no. 2022-1598 of 21 December 2022 introduced the presumption of resignation for an employee who voluntarily abandons his post and does not return to work after being given formal notice by the employer. The conditions for applying this presumption of resignation were specified by Decree no. 2023-275 of 17 April 2023. Seized by several trade unions, the Conseil d’État (French Council of State) dismissed the request to annul the decree of 17 April 2023. It nevertheless specified that, for an employee’s resignation to be presumed, the latter must necessarily be informed, at the time of the formal notice, of the consequences that the failure to return to work without legitimate grounds may have. (CE, 18 Dec. 2024, no. 473640)
Disciplinary suspension and the consent of a protected employee
As a reminder, no modification of his employment contract or change to his working conditions may be imposed on a protected employee. Should it be concluded that a disciplinary suspension (a sanction entailing the temporary suspension of the employment contract and of remuneration) requires the employee’s consent? The Cour de cassation (French Supreme Court) answered this question in the negative: "The disciplinary suspension of a protected employee, which does not have the effect of suspending the performance of the staff representative mandate and entails neither a modification of his employment contract nor a change to his working conditions, is not subject to the employee’s consent." In the same way as for non-protected employees, the employer therefore has the option of notifying a disciplinary suspension to a protected employee without obtaining his consent. (Cass, soc., 11 Dec. 2024, no. 23-13.332)
Performance bonus and long-term sick leave
A performance bonus is intended to reward the employee for work accomplished or results obtained. In this case, an employee suffered a workplace accident on 13 September 2017 and was then declared unfit for her position on 16 December 2019. She was subsequently dismissed for unfitness and the impossibility of redeployment on 13 February 2020. Despite the suspension of the employment contract, the Court of Appeal awarded the employee a performance bonus for the years 2017 to 2020 on the grounds that: the bonus was paid half-yearly based on objectives set by the company; in the absence of any indication regarding the suspension of the performance bonus in the event of absence, the employee, who had not been set her objectives at the start of the financial year, could claim payment of the full bonus. The Cour de cassation nevertheless rules that, save for any contrary contractual or collective bargaining clause, an employee on long-term sick leave, whose employment contract is suspended, cannot claim payment of a performance bonus. (Cass, soc., 20 Nov. 2024, no. 23-19.352)