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 …
Managing your incentive schemes (3): How to deal with joiners and leavers? Read More »
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 …
Managing your incentive schemes (2): Adapting your objectives during the year Read More »
This article is the first in a series of articles about how to manage your incentive schemes. It is quite common for employers to award objectives-based bonuses to its employees, to get them more involved and motivated to perform according to expectations. The employees will be rewarded only if the objectives are met. For this …
Managing your incentive scheme (1): Set your objectives Read More »
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 …
OCCUPATIONAL HEALTH AND SAFETY: FRENCH EMPLOYMENT LAW REQUIREMENTS Read More »
French employers are invited to facilitate cycling to work and have at their disposal several schemes aiming to financially encourage employees to use bikes to come to work. Legal requirement: reimbursement of the costs of renting a bike Under article L.3261-2 of the French Labour Code, employers have to reimburse their employees the costs of …
With the arrival of Chat GPT, an artificial intelligence chatbot launched by OpenAI on November 30, 2022, many questioned the possibility of using this device to deal with legal issues. Indeed, you could ask Chat GPT to write a dismissal letter, by providing the AI with the name of your company and the name of …
Don’t rely on Chat GPT to write your dismissal letter Read More »
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, …
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 …
How to bring a claim before the French Employment Tribunal? Read More »
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 …
Are interns entitled to leave under French Employment law? Read More »