Actualités

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

Case law According to a well-established case law, gross misconduct is defined as any act attributable to the employee that constitutes a breach of the obligations arising from their employment contract or position, of such importance that it “makes it impossible” for the employee to stay, even during the notice period. The gross misconduct must

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

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