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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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MGG Legal formerly MGG Voltaire LAwyers

Mutually agreed termination (“rupture conventionnelle”) : the termination agreement can be signed on the same day as the meeting

Under French law, the mutually agreed termination (“MTA”) of an employment contract allows for an amicable termination, to which both parties consent. There must first be at least one meeting during which the parties agree on the principle of the termination. It is then formalized by the signature of a written agreement. The French Labor

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Unfair dismissal of an employee who made private racist comments via her work email address

In a decision dated March 6, 2024, the Labor Division of the French Supreme Court ruled that racist and xenophobic comments made in a private context via an employee’s work email are part of the employee’s private life and cannot validly justify a dismissal. In this case, an employee was dismissed for gross misconduct for

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Failure to comply with the daily rest period oligation: the employee suffers some harm per se

Since 2016, the French Supreme Court had given the impression that they were setting aside the notion of the ‘per se harm’ that would result for the employee from a breach of an obligation by the employer (Cass. Soc., 13 April 2016, no. 14-28.293). However, since the beginning of 2022, the French Supreme Court has

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