Case law has established the principle of “equal pay for equal work”, which seems logical and fair. However, in practice, it may be difficult to implement, specifically in small- and medium-sized companies. Further, equity can sometimes shift towards egalitarianism, which, in the end, could severely penalize employees, and therefore companies, should this become the norm. […]
Following from the publication of its Guidance Paper on its enforcement priorities in applying Article 82 of the EC Treaty on abuse of a dominant market position[1], the European Commission just imposed a fine of 1.06 billion Euros upon Intel Corporation (“Intel”), the world leader in microprocessors, for abusing its dominant market position[2]. The Commission’s […]
Article 14 of the National Multi-Industry Agreement (NMA) dated January 11, 2008 reasserts the principle of continuing coverage under company-sponsored supplemental health, death and disability insurance plans for former employees of a company, thereby reiterating certain provisions of the Evin Law of December 31, 1989. An amendment no. 3 dated May 18, 2009 modified and […]
The National Multi-Industry Agreement (NMA) dated July 2, 2008 on stress in the workplace has been given the force of law by Decree dated April 23, 2009, published in the Official Journal of May 6, 2009. The terms of this agreement now apply to all companies regardless of their staff size. This means that companies, […]
While companies have always had interest to be extremely vigilant with respect to company-sponsored supplemental welfare insurance schemes in order to be able to negotiate the corresponding contracts in the best conditions or regularly amend the same over the years to respond to changing needs, they must now ensure that all such contracts fully comply […]
1. The European Commission’s new approach to deal with abuse of a dominant market position While it is not illegal for one or several companies to hold a dominant market position within the European common market, the abuse of such dominant position is strictly prohibited by Article 82 of the EC Treaty. Until now, to […]
Strategic Lawyering