Actualités

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 […]

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

According to French law, the legal working hours for full-time employees are in principle 35 hours per week (Article L.3121-27 of the French Labour Code). Article L.3121-36 of the French Labour Code states that in the absence of a collective agreement, any extra hour worked over 35 hours per week must be considered as overtime

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

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

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

In a previous article (see here), we were highlighting recommendations to companies in order to help them try and avoid independent workers being considered as employees. In December 2022, the French Supreme Court again clarified some of the criteria that allow an independent worker to be classified as an employee. In the case put to

The social regime applicable to the allowance paid as part of an individual mutual termination agreement (MTA) currently differs depending on whether or not the employee is legally entitled to a full pension. The official social security’s website (“BOSS”) summarizes the applicable rules as follows: The Bill amending the social security budget for 2023 (including

In a recent decision of January 25th, 2023, the French Supreme Court gave new hints to help companies define whether or not an employee meets the criteria to be eligible to a working-time-in-days scheme (“forfait-jours”). Legal framework As a general rule, only employees (executives or not) enjoying a genuine autonomy in the organization of their