Actualités

Profit-sharing within the company: Bill transposing the Interprofessional National Collective Agreement 2023 adopted by the National Assembly with amendments

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

Profit-sharing within the company: Bill transposing the Interprofessional National Collective Agreement 2023 adopted by the National Assembly with amendments Read More »

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REPRESENTATION OF THE EMPLOYER COMPANY WITHIN A GROUP: WHAT ARE THE APPLICABLE RULES FOR FRANCE?

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

REPRESENTATION OF THE EMPLOYER COMPANY WITHIN A GROUP: WHAT ARE THE APPLICABLE RULES FOR FRANCE? Read More »

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Under French employment law, working more than 10 hours per day necessarily causes harm to the employee

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

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TELEWORKING: WHAT ARE THE REQUIREMENTS TO QUALIFY FOR AN OCCUPATIONAL ACCIDENT?

In two recent decisions, the Courts of Appeal of La Réunion and Amiens respectively excluded the qualification of occupational accidents for accidents that had occured on the street outside of the teleworker’s home even if they happened during working hours or shortly after working hours. Legal background Occupational accidents are those which happen due to

TELEWORKING: WHAT ARE THE REQUIREMENTS TO QUALIFY FOR AN OCCUPATIONAL ACCIDENT? Read More »

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Discrimination/Harassment situations in the company: a lawyer can lead the internal investigations

Under French employment law, employers have a legal obligation to prevent and address workplace harassment, discrimination and sexism. This includes the obligation to investigate any allegations of this nature. Considering the need to fight more and more against these situations, the quality and seriousness of the investigations conducted in companies are crucial in case of

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THE FAILURE TO HOLD INDIVIDUAL MEETINGS TO MONITOR THE EMPLOYEE’S WORKLOAD RESULTS IN A BREACH OF THE EMPLOYER’S SAFETY OBLIGATION

In a case recently put to them, the French Supreme Court had to assess the impact of the employer’s failure to monitor the work and private life balance of employees working under a working time in days scheme (“forfait-jours”). On April 13, 2023, the Court held that such a failure necessarily caused some harm to

THE FAILURE TO HOLD INDIVIDUAL MEETINGS TO MONITOR THE EMPLOYEE’S WORKLOAD RESULTS IN A BREACH OF THE EMPLOYER’S SAFETY OBLIGATION Read More »

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An employee convicted of sexual assault may be dismissed if his reinstatement objectively hinders the smooth running of the company

In principle, the employees’ private life is protected, both inside and outside the company. As a consequence, an act committed by an employee in his private life does not constitute a misconduct and cannot justify disciplinary dismissal. However, if this fact causes an objective disturbance within the company, it may constitute a real and serious

An employee convicted of sexual assault may be dismissed if his reinstatement objectively hinders the smooth running of the company Read More »

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WELCOME BONUS: EMPLOYER’S RIGHT TO REQUEST REIMBURSEMENT ENDORSED BY THE FRENCH LABOUR COURT

In a decision of May 11, 2023, the French Supreme Court confirmed the possibility for an employer to condition an employee’s full acquisition of a welcome bonus on the continuance of employment up to a specific date. In this case, an employee was hired as a financial market operator and resigned 15 months later. After

WELCOME BONUS: EMPLOYER’S RIGHT TO REQUEST REIMBURSEMENT ENDORSED BY THE FRENCH LABOUR COURT Read More »