The French Supreme Court, in a ruling dated October 11, 2023, strongly reiterates the fundamental nature of using the French language when establishing any norm applicable to employees. As a reminder, the French Labor Code provides that “the internal regulations are written in French. They may be accompanied by translations in one or more foreign […]
The French Labour Code contains specific provisions regarding senior executives (“cadres dirigeants”) which are not subject to working time constraints such as a working time ceiling or monitoring of working time (article L.3111-2 of the French Labour Code). The term ‘senior executive’ is strictly defined by French Law and the French supreme court regularly reminds
WHAT IS A SENIOR EXECUTIVE UNDER FRENCH LAW? Read More »
On July 21, 2023, the French State Administrative Court (“Conseil d’Etat”) ruled on an important aspect concerning job protection plans (or “PSE” for “Plans de sauvegarde de l’emploi”). The case at stake involved a company operating a network of self-service restaurants, which decided to close several restaurants, resulting in 80 job eliminations. The company implemented a unilateral
In a case dated 21 July 2023, the French Conseil d’Etat had to answer the following question: as part of their redeployment efforts, is the employer bound to consider positions from a higher category for an employee who has been declared unfit? Pursuant to Articles L. 1226-2 and L. 1226-10 of the French Labour Code,
The employer may terminate an employment contract and dismiss an employee for various reasons: for misconduct, for poor performance or for economic reasons or because they are unfit to hold their position. In some very specific situations, in case of collective redundancies for instance, the employer may make employees redundant without organizing any individual preliminary
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Until 31 August 2023, employers had to pay a flat-rate contribution amounting to 20% of the severance allowance paid to employees (up to a cap set each year, i.e., €87,984 in 2023). Article 4 of the Social Security Amendment to the Financing Bill for 2023 (including the pension reform), adopted on March 20, 2023 increased
When it comes to the language in which the documents provided to French employees should be drafted, article L. 1321-6 of the French Labor Code (‘FLC’) lays down a general rule : unless they are received from abroad or are provided to a foreign-speaking employee, any document that includes an obligation for the employee or
French must be used in documents provided to French employees Read More »
The so-called “Value Sharing” Bill, which purports to enact the provisions of the Interprofessional National Collective Agreement signed by the main trade unions on February 10, 2023 into French law, is meant to stimulate profit-sharing in French companies without breaching the non-substitution principle, while improving employee saving and shareholding plans. This Bill contains 15 articles
In principle, an employer may not appoint a person who is not an employee or corporate officer of the company to implement disciplinary actions or notify sanctions. However, French case law introduced flexibility where the employer company belongs to a group. In a recent decision of June 28, 2023, the French Supreme Court confirmed the
According to the French Labour Code, the actual daily working time of the employee must not exceed 10 hours, except in case of derogation or emergency determined by Decree (Article L. 3121-18). The goal of this principle is to guarantee employees’ health and safety by providing them adequate rest. If an employer does not comply