Actualités

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 […]

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

A core rule of French employment law is non bis in idem, meaning that an employee cannot be sanctioned twice for the same misconduct. In a recent decision, the French Supreme Court provided useful guidance on what can be considered a sanction under French law. Background The underlying decision relates to a claim filed by

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

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

The new law on corporate value-sharing, which came into force on December 1, 2023, makes a number of changes to existing employee savings schemes (profit-sharing, incentive schemes and savings plans) and the value-sharing bonus (Prime sur le partage de la valeur – PPV in French), while also creating new value-sharing schemes (both in companies with

On May 21, the Council of the European Union, following the lead of the European Parliament, adopted the IA Act. The purpose of this Act is to regulate the use of artificial intelligence (hereinafter “AI”), particularly in the workplace. It is the first legal attempt to regulate the use of AI. Under the Act, AIs

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

Case law has recently provided an interesting illustration of the failure to recognise the occupational nature of an accident that occurred during a day of remote work. As a reminder, Article L. 411-1 of the French Social Security Code provides for a presumption that an accident is attributable to work when it occurs “as a

The DDADUE Act (“Diverses Dispositions d’Adaptation au Droit de l’Union Européenne“) came into force on April 24, 2024. One of the goals of this new piece of legislation is to peovide a legal accomodation for the rule set up by case law on September 13, 2023, which opened the door to the unrestricted acquisition of