Paid leave and sick leave: The labor code complies with the constitution.
- ptruche
- Feb 10, 2024
- 1 min read
Decision No. 2023-1079 QPC of February 8, 2024
By a series of judgments dated September 13, 2023, the Court of Cassation aligned its case law with that of the Court of Justice of the European Union (CJEU) in matters of paid leave and illness : n°22-17.340 n°22-17.638 , n °22-10.529 ; n°22-14.043
By a decision rendered on February 8, 2024, the Constitutional Council considers the French regulations to be consistent with the Constitution.
The council takes care to emphasize that French law, which is not contrary to the principle of equality or the right to rest, does not disregard the right to health protection(nor any other right or freedom guaranteed by the Constitution)
This decision does not, however, resolve the question posed by the Court of Cassation with its judgments of September 13. The legislator will therefore have to quickly take up the subject because the risks involved remain.
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