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 […]
AI in the Workplace: the employer should be proactive Read More »
According to Goldman Sachs, ChatGPT is set to destroy 300 million jobs. Companies cannot ignore this new technology, which is supposed to significantly increase the productivity in a wide range of areas. Recently, AI has gained attention as governments and officials gather to try and regulate this new tool: AI Safety Summit at Bletchley Park
Employment law and AI: what precautions should be taken? Read More »
According to French law, certain categories of employees benefit from a specific protection against dismissal, as their employer must seek authorization from the French Labour Inspectorate before terminating their employment contract, (Articles L2411-1 et seq. of the French Labour Code). This mainly concerns employees with representative functions in the company, in particular staff representatives or
In a decision dated December 22, 2023, the French Supreme Court ruled on the possibility for a party to a litigation to communicate evidence secured in an unfair manner. Legal background In a 2011 decision (French Supreme Court – 7 January 2011 -Nr. 09-14.316), the French Supreme Court had ruled that any evidence obtained by
NEW CASE LAW RE. EVIDENCE THAT MAY BE USED BEFORE EMPLOYMENT COURTS Read More »
On February 23, 2022, the European Commission introduced a proposal for a directive on the companies’ duty of care in terms of sustainability. After much debate, the European Parliament and the Council finally agreed on a final text on December 14, 2023. The new directive aims at imposing an obligation on companies to monitor their
Background An employee used the fuel card provided by her employer while on holiday, even though the employer had only agreed to cover the fuel expenses incurred for business purposes. After being dismissed for gross misconduct, the employee challenged the validity of her termination before the Employment Tribunal. As a counterclaim, the employer required the
In a decision dated October 4, 2023, the Labour Division of the French Supreme Court ruled on the validity of an employee’s dismissal for breaches of the French highway code committed during the employee’s journey to work, while using the company car. In this case, an employee working as a mechanic was dismissed for misconduct
The infringment of the highway code cannot justify the employee’s disciplinary dismissal Read More »
By signing a mutual termination agreement, the employer and the employee agree on the terms under which the employment contract shall be terminated (art. L.1237-11 of the French Labour Code). In a judgment dated November 15, 2023, the French Supreme Court has answered the following question: can a mutual termination agreement be validly signed if
According to article L.1152-2 and article L.1152-3 of the French Labour Code, any sanction (including a dismissal) against somebody who was a victim of harassment or who reported it is invalid. In most cases, the link between the sanction and the harassment or reporting of harassment is not explicit. Especially, the dismissal letter often does
