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Protection of employee representatives

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 …

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Managing your incentive schemes (2): Adapting your objectives during the year

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 …

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OCCUPATIONAL HEALTH AND SAFETY: FRENCH EMPLOYMENT LAW REQUIREMENTS

In France, like in other countries, employers are required to put in place measures to safeguard their employees against health and safety hazards (articles L.4121-1 onwards of the French Labour Code). The first measure to be taken by any company employing staff in France is to implement risk profiling and draft a risk assessment document …

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While the United States authorities are proposing to ban certain restrictive covenants, what are the applicable rules in France?

Restrictive covenants are clauses in a contract which prohibit an employee from competing with their former employer for a certain period of time after the termination of their employment contract, or prevent them from soliciting or dealing with customers of their former employer by using knowledge they had access to during their prior employment. Non-solicitation, …

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How to bring a claim before the French Employment Tribunal?

In France, Employment Tribunals (“Conseil de prud’hommes”) have jurisdiction over all disputes arising from an employment agreement (for example, termination of the contract, unpaid salaries), similar to the Employment tribunals in the UK. However, the procedure to bring a claim before the French Employment Tribunal is different. The claim is brought before the Employment Tribunal …

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Are interns entitled to leave under French Employment law?

Young people could perform an internship within a company as part of their school or university curriculum. Subject to compliance with some legal conditions, these young people are not bound to the company by an employment contract and are therefore not employees. The French Labour Code provides for some specific legal provisions for interns regarding leave. In …

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