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 …
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 …
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 …
Independent workers: concrete case about how to avoid them becoming employees Read More »
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 …
French employers are invited to facilitate cycling to work and have at their disposal several schemes aiming to financially encourage employees to use bikes to come to work. Legal requirement: reimbursement of the costs of renting a bike Under article L.3261-2 of the French Labour Code, employers have to reimburse their employees the costs of …
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 …
Taking into account the increase in the timeframe of legal procedures, more and more employers and employees are deciding to try to resolve their dispute by mediation – often after unsuccessful settlement and/or conciliation phases. Under French employment law, mediation is an amicable dispute resolution process which does not aim to judge the case from …
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 …
Job abandonment and resignation presumption: a new French law has been passed Read More »
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 …
When public policy rules regarding working time and flexible work organization clash Read More »
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 …