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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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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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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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