Articles

What are the legal requirements for making an employee redundant?

Regardless of the number of employees that are made redundant, companies must comply with a certain number of legal requirements. The following explanations do not cover the specific process for implementing a job-protection plan which will be discussed in a separate article. i.Do you need a specific ground to make an employee redundant? Each employer …

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The right to disconnect

The right to disconnect has been enshrined in French legislation since 2017, with the so-called law “Loi Travail” – the Labour Act – dated August 8, 2016. According to this Act, every employee has the right to disconnect from any work device and not to answer emails, calls or messages outside their working hours. The …

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The cost-of-living crisis: how can you help your employees?

The cost of energy has exploded in France, as in many countries, concerning electricity, gas, petrol etc. With inflation rising too, improving the purchasing power of employees while limiting costs for the employer has become a major issue. Here are some ideas that the employer can explore to face these challenges: (a) Giving employees a …

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Setting up a Social and Economic Committee (“Comité Social et Economique” or “CSE”).

Under French law, a company has to set up a CSE when it employs at least 11 employees during 12 consecutive months. The company has to take into account every employee working under a permanent employment contract. It also has, under certain conditions, to take into account fixed-term and temporary employment contracts, or employees made …

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The French Strike

According to French law, a strike is a collective and concerted cessation of work by the employees of one or more companies in order to make professional claims. When a strike falls under this definition, employees are, to some extent, protected against any sanction or dismissal action. If there is an abuse in the exercise …

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How to be careful with independent workers so that they don’t become an employee: some dos and don’ts

Independent workers and employees are not subject to the same rules under French law. How can they be distinguished? The main criterion to distinguish a self-employed independent worker from an employee is the subordination link. While independent workers carry out their activity on their own account, employees are bound to an employer through an employment …

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Harassment: the behavior of a manager which has been tolerated by the employer for several years cannot be a valid ground for dismissal

An employee who bullies a colleague can, in principle, be dismissed when it amounts to harassment according to the French Labour Code (see our previous post on this topic from September 28, 2022, https://mgglegal.com/en/how-is-harassment-defined-under-french-law/). In a recent case of 12 July 2022, the French Supreme Court however set an exception to this general principle: the …

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In a reduction-in-workforce, one individual redeployment opportunity may be offered to several employees impacted

In a decision dated May 11, 2022 (n°21-15250), the French Supreme Court again held very clearly that one same individual redeployment opportunity may end up being offered to several employees impacted by a reduction-in-workforce. The Court heeded the employer’s argument, i.e., although the employer is bound to grant the employee impacted by a redundancy project …

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