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 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
The cost-of-living crisis: how can you help your employees? Read More »
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
Setting up a Social and Economic Committee (“Comité Social et Economique” or “CSE”). Read More »
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
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
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
Everything You Always Wanted to Know About Harassment (But Were Afraid to Ask)
How is harassment defined under French law? Read More »
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
Principle According to French Labor law, the employer must ensure equal pay for men and women when they perform the same work or work of equal value. This is a particular variation of the so-called principle of “equal pay for equal work”. This principle of equality presupposes that the various components of remuneration are established according to
The equal pay principle in French law Read More »
It is well known that France has a 35-hour working week and that every hour performed in excess of that limit leads to overtime work to be paid with overtime rates. But what foreign employers need to know is that the French Labour code offers several mechanisms to overcome this 35-hour weekly limit. This article
Must French employees really work 35 hours per week? Read More »