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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 obligations arising from their employment contract or position, of such importance that it “makes it impossible” for the employee to stay, even during the notice period. The gross misconduct must […]

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 be at least one meeting during which the parties agree on the principle of the termination. It is then formalized by the signature of a written agreement. The French Labor

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 context via an employee’s work email are part of the employee’s private life and cannot validly justify a dismissal. In this case, an employee was dismissed for gross misconduct for

Since 2016, the French Supreme Court had given the impression that they were setting aside the notion of the ‘per se harm’ that would result for the employee from a breach of an obligation by the employer (Cass. Soc., 13 April 2016, no. 14-28.293). However, since the beginning of 2022, the French Supreme Court has

At his press conference a month ago, President Macron announced the transformation of parental leave (created in 1977) into birth leave. Parental leave is a measure that allows parents, following their maternity or paternity leave, to suspend their professional activity. What is the current situation? At the moment, parental leave can be requested from the

In recent years, AI has become a popular tool in the recruitment process. While it offers undeniable advantages, such as streamlining initial candidate interactions and automating certain aspects of the hiring process, it is essential to consider the potential risks associated with its use. Using AI in the recruitment process could damage the diversity, equity

As recently revealed in the press, Samsung employees – who were allowed to use ChatGPT to help fix a source code for some new software – accidentally gave access to secret information on new technology developed by the company. This is particularly problematic since “ChatGPT retains the data it is fed to train itself further.

In the long term, it is likely that AI will be used on a daily basis by companies and will eventually replace our traditional working tools. The implementation of AI technologies could have lasting effects on a company’s internal organization (impact on the employees’ working time, on the internal reporting processes and even on the

According to World Economic Forum, about 14 million jobs will be lost worldwide in 2027 mainly due to artificial intelligence, along with significant changes in economic and social conditions. Technological unemployment, or the massive losses of jobs, not to say the extinction of certain types of jobs, resulting from the arrival of new technologies are

The use of AI is becoming increasingly common within companies, due to the productivity gains and automation possibilities it allows. The use of AI tools generates significant legal challenges and complex practical issues that employers must know how to apprehend, manage, and, ideally, anticipate. When an employee uses AI tools, such as ChatGPT, the issue