Actualités

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Tensions on the workplace are not enough to discipline an employee

In the case here reviewed, the employer company held one of its employees – in charge of internal validation – responsible for his persistant disagreement with his colleagues. The company thus terminated him for a personal non-disciplinary reason. The employee challenged the validity of his dismissal in court, arguing it was based on disciplinary reasons. […]

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The decree governing medical counter-inspection has finally been published

Long-awaited, the decree setting out the terms and conditions of the medical counter-inspection organised by the employer has finally come into force. Article L. 1226-1 of the French Labour Code, which allows employers to organise a medical counter-inspection in the event of an employee’s absence due to incapacity as resulting from illness or accident, had

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Duty of Diligence: Towards Greater Corporate Responsibility in Europe

Adopted on 24 May 2024 by the Council of the European Union, the CS3D (Corporate Sustainability Due Diligence Directive) introduces a Europe-wide duty of diligence. From 2027, it will gradually impose obligations on large companies with significant dispositions in the European Union, largely inspired by French provisions. This Directive, which is more far-reaching than the

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An employer who has not set up a reliable system for measuring the working time of their employees, can provide other evidence.

In France, the burden of proof in disputes relating to working time does not fall on one party in particular. In fact, article L. 3171-4 of the French Labour Code stipulates on the one hand that “the employer must provide the judge with evidence of the hours actually worked by the employee” and on the

An employer who has not set up a reliable system for measuring the working time of their employees, can provide other evidence. Read More »

Beware of oral termination

Under French law, when an employer decides to terminate an employee, the employer must follow a specific procedure which involves an invitation to a preliminary meeting then a dismissal letter sent by registered post at least two working days[1] after the meeting. If the employer does not respect this procedure, the judges consider the dismissal

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Discrimination on the ground of disability and burden of proof

Under French law, the status of disabled worker creates a specific obligation for employers, requiring them to take “appropriate measures based on the needs of a specific situation” to enable the employee to remain in employment. Failure to take such measures may constitute a discrimination. Based on this rule, is the employer’s simple failure to

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