Actualités

Working time in days arrangements and employee compensation

A ruling of the French Supreme Court (Cour de cassation) dated 11 March 2025 confirms that the invalidity of a working time in days arrangement (forfait annuel en jours) does not, in itself, entitle the employee to compensation. In order to obtain compensation, the employee must prove that they suffered specific harm. • ContextAn employee […]

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A decline in market share in the business sector to which the company belongs, particularly due to intensified competition, constitutes a serious threat to its competitiveness and may justify a corporate reorganization in order to prevent economic difficulties.

Facts of the case : As part of a corporate reorganization aimed at preserving its competitiveness, the company proposed to eight employees, employed as sales representatives, a modification of their employment contracts concerning both the geographical distribution of their territories and their remuneration. The employees refused the proposed contractual modifications. The employment protection plan (“PSE“

A decline in market share in the business sector to which the company belongs, particularly due to intensified competition, constitutes a serious threat to its competitiveness and may justify a corporate reorganization in order to prevent economic difficulties. Read More »

Confidentiality and the Works Council: what are the rules?

Some employers, emphasizing the need to protect legitimate business interests, tend to enforce extensive confidentiality rules towards the works council. However, these restrictions can hinder the works council’s ability to perform its attributions. Confidentiality can therefore be a strategic issue for the relationship between company and employee representatives.  According to Article L. 2315-3 of the French

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Redundancy: The French Supreme Court Strengthens the Transparency Requirement for Redeployment Offers

In a ruling dated 8 January 2025 (French Supreme Court, 8 January 2025, No. 22-24.724), the French Supreme Court confirms that in the context of a redundancy, an employer who sends a collective list of available redeployment positions must explicitly communicate the selection criteria to be applied in the event of multiple applications. Failure to

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workplace conflicts do not necessarily constitute harassment by the employer

In a recent decision, the Court of Appeal of Toulouse ruled that not all workplace conflicts, even those that are long-lasting, constitute psychological harassment. This decision emphasised that if an employer takes appropriate corrective measures, even if they do not completely resolve the situation, the claim of psychological harassment cannot be upheld. In this case,

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From above of crop banknote of European Union placed on table with dollars

Back to basics webinar on Pay Transparency Directive & Its Impact on French Law

We are pleased to invite you to an exclusive webinar on the EU Pay Transparency Directive and its implications for French labor law. This session will provide key insights into the new legal framework, compliance requirements, and practical consequences for employers and employees. 🔹 Date: 11 February 2025🔹 Time: 3 PM (CET)🔹 Format: Online (Livestorm)🔹

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For the French Supreme Court, Sexual Harassment Necessarily Constitutes Gross Misconduct

In a ruling dated December 11, 2024, the French Supreme Court confirmed that sexually suggestive remarks made by an employee towards a colleague constitute a breach of such severity that it makes the employee’s continued presence in the company impossible, thereby justifying dismissal for gross misconduct. In this case, an employee made particularly inappropriate remarks

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REPORT OF INTERNAL INVESTIGATIONS – NO OBLIGATION TO PROVIDE THE EMPLOYEE WITH THE FULL REPORT

In a case recently heard by the French Supreme Court, an employee had been dismissed for gross misconduct, after the disciplinary procedure defined by the applicable collective bargaining agreement (CBA) had first been completed. Under the CBA, employees involved in a disciplinary procedure should receive a copy of their file at least 8 days before

REPORT OF INTERNAL INVESTIGATIONS – NO OBLIGATION TO PROVIDE THE EMPLOYEE WITH THE FULL REPORT Read More »