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The French Supreme Court recently issued a significant ruling on employment law, specifically addressing issues of discrimination and the employer’s obligations in the workplace. The decision, dated November 27th, 2024, provides important insights into how French courts construe and enforce anti-discrimination laws. Case overview an employee alleged that she had been victim of discriminatory practices […]

In this decision, the French Supreme Court ruled that an employee must demonstrate actual harm resulting from a procedural irregularity in the redundancy process to be entitled to compensation. During the preliminary meeting, an employee received a document regarding the French CSP scheme (“contrat de sécurisation professionnelle”), i.e. a government financed outplacement scheme, and the

This summer, new ‘right to disconnect’ legislation came into force in Australia. This new piece of legislation aims at establishing clear boundaries around out-of-hours work communication. Employees may now “refuse to monitor, read, or respond” to their employers’ requests outside of their working hours, unless such requests fall within a “reasonable” timeframe. In France, an

Unfitness for work, as determined by the occupational practioner, can arise from either a professional or non-professional cause. This distinction is crucial for employers. Professional unfitness results from a work-related accident or an occupational disease. In such cases, the employer faces heightened obligations, including a thorough search for suitable redeployment opportunities, and prior consultation with

Under French law, the conciliation agreement – before the Employment Tribunal – constitutes a waiver by the parties of all claims relating to the termination of the employment contract (French Labour Code, art. L.1235-1). The parties often include in such agreements a waiver of all claims relating to both (i.) the termination of the employment

In a recent case before the French Supreme Court, an employee had fallen and hurt himself while removing snow from his car in an outdoor parking space in front of his home. The issues raised in this case were the following: Did these factors prevent the employee’s accident from being classified as a work-related accident?

Facts Between 1996 and 2010, an employee was employed by a company as a part-time sales representative, under a series of fixed-term contracts. Some contracts were separated by periods when the employee did not work for the company. In 2013, the employee took her case to the Employment Tribunal. She claimed that her part-time fixed-term

Staff representative employees have a special protective status which prohibits the employer from taking discriminatory measures against them. The protective status of employee representatives also requires the employer to follow a special procedure before transferring or terminating their employment contract. This procedure requires obtaining the authorization of the labor inspector before notifying the employee of

As explained in our previous post, it is common practice for employers to award target-based bonuses to their employees. Eligibility to such a variable remuneration needs to be assessed according to a specific period of time, which can be a week, a month or a year. But how can one deal with employees who join

As mentioned in our previous blog post on incentive schemes in France, it is settled case law that the objectives must be set at the beginning of every year. Otherwise, employees could be entitled to the payment of a full bonus and may even bring claims for constructive dismissal. This being said, when there is