24 December 2020

Co-employment within corporate groups: A new definition for an exceptional situation

In a ruling issued on November 25, 2020, the Cour de Cassation (French Supreme Court) reaffirmed the exceptional nature of co-employment by giving a new definition of its constituent elements.

This more restrictive definition, which reinforces the exceptional nature of the situation of co-employment, should have a deterrent effect on employees wishing to rely on this concept in court.

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24 November 2020

Second wave of COVID -19: Telework is the rule

In a Q&A posted on its website and updated on November 17, 2020, the French Ministry of Labor provides details on teleworking in the context of the “second wave” of the COVID 19 pandemic.
While in the previous versions of the health protocol telework was “recommended”, it must, since October 29, 2020, be generalized for all activities that allow it.

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30 October 2020

A Facebook post to “friends” can lead to dismissal

The Cour de Cassation (French Supreme Court) recently ruled that an employer can produce in court elements extracted from an employee’s private Facebook account, to which it was not authorized to access, as long as (i) this production is indispensable to the exercise of its right to evidence, and (ii) the violation of the employee’s privacy is proportionate to the goal pursued.

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29 September 2020

Pre-trial detention: The health crisis does not in itself justify the release from prison

The conditions of detention, already well deteriorated due to the overcrowding that has been a constant feature of places of deprivation of liberty for several years, are necessarily and unfortunately adversely affected by the health situation created by the COVID-19 pandemic. How to implement social distancing, and more broadly, so-called “barrier gestures” (i.e. preventative measures that each individual should take to protect himself/herself and others against COVID-19) in places where the daily life is marked by the proximity between fellow inmates? It is impossible to do so.

Consequently, many requests for release from pretrial detention have been filed with the Liberty and Custody Judge. However, these requests for release have been dismissed. Following the upholding of a dismissal order, one inmate appealed to the Cour de Cassation (French Supreme Court). On August 19, 2020, the Criminal Chamber of the Cour de Cassation issued a ruling that confirmed the dismissal of the request for release.

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6 August 2020

Employees’ freedom of religion and ban on wearing a beard

Does an employer who dismisses for serious misconduct an employee working as security consultant for a company providing security and defense services to governments, international non-governmental organizations or private companies, accusing him of wearing a beard that is “trimmed in a way that is intentionally meaningful in both religious and political terms”, infringe said employee’s freedom of religion?

The Cour de Cassation (French Supreme Court) was asked to address this issue and has expanded existing case-law in this area, by issuing on July 8, 2020 a ruling on the fundamental rights and freedoms of employees in the workplace. The Labor Chamber of the Cour de Cassation specifically considered that dismissal for serious misconduct based on such a ground was discriminatory.

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