By signing a mutual termination agreement, the employer and the employee agree on the terms under which the employment contract shall be terminated (art. L.1237-11 of the French Labour Code). In a judgment dated November 15, 2023, the French Supreme Court has answered the following question: can a mutual termination agreement be validly signed if …
According to article L.1152-2 and article L.1152-3 of the French Labour Code, any sanction (including a dismissal) against somebody who was a victim of harassment or who reported it is invalid. In most cases, the link between the sanction and the harassment or reporting of harassment is not explicit. Especially, the dismissal letter often does …
In this case, following the resignation of an employee, her former employer brought an action before the Employment Tribunal on the grounds that she had failed to comply with her non-competition undertaking. The Court of Appeal ruled that such a clause was lawful and released the company from the obligation to pay the financial consideration. …
NON-COMPETE CLAUSE: THE EMPLOYEE MUST BE INFORMED OF THE DURATION FROM THE START Read More »
The French Supreme Court, in a ruling dated October 11, 2023, strongly reiterates the fundamental nature of using the French language when establishing any norm applicable to employees. As a reminder, the French Labor Code provides that “the internal regulations are written in French. They may be accompanied by translations in one or more foreign …
The French Labour Code contains specific provisions regarding senior executives (“cadres dirigeants”) which are not subject to working time constraints such as a working time ceiling or monitoring of working time (article L.3111-2 of the French Labour Code). The term ‘senior executive’ is strictly defined by French Law and the French supreme court regularly reminds …
On July 21, 2023, the French State Administrative Court (“Conseil d’Etat”) ruled on an important aspect concerning job protection plans (or “PSE” for “Plans de sauvegarde de l’emploi”). The case at stake involved a company operating a network of self-service restaurants, which decided to close several restaurants, resulting in 80 job eliminations. The company implemented a unilateral …
In a case dated 21 July 2023, the French Conseil d’Etat had to answer the following question: as part of their redeployment efforts, is the employer bound to consider positions from a higher category for an employee who has been declared unfit? Pursuant to Articles L. 1226-2 and L. 1226-10 of the French Labour Code, …
The employer may terminate an employment contract and dismiss an employee for various reasons: for misconduct, for poor performance or for economic reasons or because they are unfit to hold their position. In some very specific situations, in case of collective redundancies for instance, the employer may make employees redundant without organizing any individual preliminary …
Termination procedures and deadline to apply before preliminary meetings Read More »
Until 31 August 2023, employers had to pay a flat-rate contribution amounting to 20% of the severance allowance paid to employees (up to a cap set each year, i.e., €87,984 in 2023). Article 4 of the Social Security Amendment to the Financing Bill for 2023 (including the pension reform), adopted on March 20, 2023 increased …
When it comes to the language in which the documents provided to French employees should be drafted, article L. 1321-6 of the French Labor Code (‘FLC’) lays down a general rule : unless they are received from abroad or are provided to a foreign-speaking employee, any document that includes an obligation for the employee or …
French must be used in documents provided to French employees Read More »