Conciliation agreement: case law confirms that the waiver of all claims is not limited to the termination of the employment contract
Under French law, the conciliation agreement – before the Employment Tribunal – constitutes a waiver by the parties of all claims relating to the termination …
Dismissal for gross misconduct: speed is of the essence
Case law According to a well-established case law, gross misconduct is defined as any act attributable to the employee that constitutes a breach of the …
Mutually agreed termination (“rupture conventionnelle”) : the termination agreement can be signed on the same day as the meeting
Under French law, the mutually agreed termination (“MTA”) of an employment contract allows for an amicable termination, to which both parties consent. There must first …
Unfair dismissal of an employee who made private racist comments via her work email address
In a decision dated March 6, 2024, the Labor Division of the French Supreme Court ruled that racist and xenophobic comments made in a private …
Falling while removing snow from a car is considered to be a work-related accident (“accident de trajet”)
In a recent case before the French Supreme Court, an employee had fallen and hurt himself while removing snow from his car in an outdoor …
The employer is not bound to compensate the employee for the periods between fixed-term contracts even if such contracts are recharacterized as one permanent contract
Facts Between 1996 and 2010, an employee was employed by a company as a part-time sales representative, under a series of fixed-term contracts. Some contracts …