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 »
To protect health and safety, employees in France are entitled to a minimum of five weeks’ paid holiday a year. The rules for calculating and taking paid holiday are very technical. But failure to comply with these rules is punishable by a fine of €7,500 for each employee concerned (French Labour Code, art. R 3143-1).
Annual leave under French law Read More »