Actualités

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An employee convicted of sexual assault may be dismissed if his reinstatement objectively hinders the smooth running of the company

In principle, the employees’ private life is protected, both inside and outside the company. As a consequence, an act committed by an employee in his private life does not constitute a misconduct and cannot justify disciplinary dismissal. However, if this fact causes an objective disturbance within the company, it may constitute a real and serious …

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WELCOME BONUS: EMPLOYER’S RIGHT TO REQUEST REIMBURSEMENT ENDORSED BY THE FRENCH LABOUR COURT

In a decision of May 11, 2023, the French Supreme Court confirmed the possibility for an employer to condition an employee’s full acquisition of a welcome bonus on the continuance of employment up to a specific date. In this case, an employee was hired as a financial market operator and resigned 15 months later. After …

WELCOME BONUS: EMPLOYER’S RIGHT TO REQUEST REIMBURSEMENT ENDORSED BY THE FRENCH LABOUR COURT Read More »

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Independent workers: concrete case about how to avoid them becoming employees

In a previous article (see here), we were highlighting recommendations to companies in order to help them try and avoid independent workers being considered as employees. In December 2022, the French Supreme Court again clarified some of the criteria that allow an independent worker to be classified as an employee. In the case put to …

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MUTUAL TERMINATION AGREEMENT’S ALLOWANCES: A NEW FLAT-TAX WILL APPLY AS FROM SEPTEMBER 1ST, 2023

The social regime applicable to the allowance paid as part of an individual mutual termination agreement (MTA) currently differs depending on whether or not the employee is legally entitled to a full pension. The official social security’s website (“BOSS”) summarizes the applicable rules as follows: The Bill amending the social security budget for 2023 (including …

MUTUAL TERMINATION AGREEMENT’S ALLOWANCES: A NEW FLAT-TAX WILL APPLY AS FROM SEPTEMBER 1ST, 2023 Read More »

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French working-time-in-days-schemes: eligible employees are those enjoying a genuine autonomy

In a recent decision of January 25th, 2023, the French Supreme Court gave new hints to help companies define whether or not an employee meets the criteria to be eligible to a working-time-in-days scheme (“forfait-jours”). Legal framework As a general rule, only employees (executives or not) enjoying a genuine autonomy in the organization of their …

French working-time-in-days-schemes: eligible employees are those enjoying a genuine autonomy Read More »

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Job abandonment and resignation presumption: a new French law has been passed

Job abandonment so far required the employer to take the initiative to terminate the employment contract through a disciplinary dismissal procedure. A new Act voted by French Parliament on December 21, 2022 creates a resignation presumption in case the employee has just abandoned their job with no justification. According to this new law, the employee …

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When public policy rules regarding working time and flexible work organization clash

The Directive 2003/88/EC of the European Parliament dated November 4, 2003 has unified the rules applicable throughout the European Union concerning the organization of working time. Among other things, this directive has inter alia created guidelines regarding minimum resting periods as well as daily and weekly maximum working time. The rules enacted by the European …

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Le contenu d’un agenda électronique installé sur un ordinateur professionnel est présumé professionnel

De jurisprudence constante, les fichiers créés par le salarié à l’aide de l’outil informatique mis à sa disposition par l’employeur pour les besoins de son travail sont présumés avoir un caractère professionnel. Le seul moyen pour le salarié de protéger ces informations est de les identifier comme étant personnelles. A défaut, l’employeur est en droit …

Le contenu d’un agenda électronique installé sur un ordinateur professionnel est présumé professionnel Read More »