Actualités

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

Taking into account the increase in the timeframe of legal procedures, more and more employers and employees are deciding to try to resolve their dispute by mediation – often after unsuccessful settlement and/or conciliation phases. Under French employment law, mediation is an amicable dispute resolution process which does not aim to judge the case from

Job abandonment so far required the employer to take the initiative to terminate the employment contract through a disciplinary dismissal procedure. A new Act voted by French Parliament on December 21, 2022 creates a resignation presumption in case the employee has just abandoned their job with no justification. According to this new law, the employee

The Directive 2003/88/EC of the European Parliament dated November 4, 2003 has unified the rules applicable throughout the European Union concerning the organization of working time. Among other things, this directive has inter alia created guidelines regarding minimum resting periods as well as daily and weekly maximum working time. The rules enacted by the European