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 […]
L’Urssaf rappelle que, afin d’améliorer leur rémunération et leur pouvoir d’achat, la loi portant mesures d’urgence pour la protection du pouvoir d’achat permet aux salariés et anciens salariés de débloquer, à titre exceptionnel, certaines sommes issues de la participation et de l’intéressement placées sur un plan d’épargne (PEE, PEI, etc.). Ce déblocage exceptionnel doit permettre
In a recent decision of November 23, 2022, the French Supreme Court reminded of the risks pertaining to the involvment of a parent company in the management of its French subsidiary. In this case, an employee was hired by a company which was then integrated to an international group. After being made redundant by the
Until now, when an employee abandoned their job, it generally required the employer to take the initiative to terminate the employee’s contract through a disciplinary dismissal procedure. A new law voted by French Parliament on November 17, 2022 states that an employee abandonning their job should be presumed resigning. The objective of this law is
Job abandonment and resignation presumption: a new French law makes the link Read More »
According to French law, a strike is a collective and concerted cessation of work by the employees of one or more companies in order to make professional claims. When a strike falls under this definition, employees are, to some extent, protected against any sanction or dismissal action. If there is an abuse in the exercise
Given the recent events happening in France, from petrol shortages to transport strikes, employers might wonder if they have to pay their employees who cannot come to work because of a transport strike. First of all, if employees find themselves in a situation where they cannot come to work because of a transport strike, they
An employee may only be dismissed for economic reasons “when all efforts at training and adaptation have been made and when the person concerned cannot be redeployed onto jobs available in France with the employer company or other companies of the group to which the company belongs and whose organization, activities or place of operation
Redeployment obligation : beware of the legal pitfalls! Read More »
In a decision dated May 11, 2022 (n°21-15250), the French Supreme Court again held very clearly that one same individual redeployment opportunity may end up being offered to several employees impacted by a reduction-in-workforce. The Court heeded the employer’s argument, i.e., although the employer is bound to grant the employee impacted by a redundancy project
Beware of the lapse between the period when economic difficulties can be substantiated and the date of the termination notice
Redundancies in France: how to characterize economic difficulties under French law? Read More »
What are the critical thresholds when it comes to collective redundancies? As soon as a company contemplates the termination of more than 1 employee for economic reasons, it should comply with a specific process. The scale of the project will ultimately determine which process the company must apply: If the project involves at least 10 dismissals within the
What are the characteristics of collective redundancies in France? Read More »