Law n°2015-990 of August 6, 2015, commonly referred to as the “Macron Law” has amended a number of provisions applicable to mandatory profit-sharing schemes (participation) and optional profit-sharing schemes (intéressement). The amended provisions come into force in 2016.
This article provides an overview of the key changes.
Introduced by Law n°2014-288 of March 5, 2014 on vocational training, career development review meetings are now mandatory for all employees. Such meetings must be held before March 7, 2016.
Here is a brief reminder of the obligations imposed on companies in this respect.
Any and all French companies are required to search for redeployment opportunities before being entitled to dismiss an employee on economic grounds. This search must be carried out not only within the company itself but also within the group to which it belongs, both in France and abroad.
Law n° 2015-990 of August 6, 2015, known as the “Macron” Law, has amended the terms of the obligation to search for redeployment opportunities outside the French territory imposed on companies in connection with an individual or collective dismissal on economic grounds. The Macron Law has amended Article L.1233-4-1 of the French Labor Code. Decree n° 2015-1638 on the procedure for internal redeployment outside the national territory in case of dismissal on economic grounds dated December 10, 2015 provides the necessary clarification for the implementation of the redeployment procedure.
While it was portrayed by the Government as a reduction of the burden imposed on companies and as an infringement of the workers’ right to continued employment by those who defend employees, this is, in my view, just another example of demagogy that only makes procedures more complex and increases legal uncertainty through endless changes to the law.
A decision handed down by the Cour de Cassation (French Supreme Court) on September 16, 2015 (n° 14-16.713) provides an answer to a problem that arose in connection with the termination of a trial period for which the company had to comply with both the “délai de prévenance” (i.e. an advance notice period that must take place within the trial period), as provided for by Law n° 2008-596 of June 25, 20089, and the notice period set forth in the Collective Bargaining Agreement “Bureaux d'Études Techniques, des Cabinets d'Ingénieurs-Conseils et des Sociétés de Conseils” (i.e. the collective bargaining agreement that applies to many engineering and consulting firms and technology companies, hereinafter the “SYNTEC CBA”).
We followed this case with great interest as the relevant company is one of our clients; we defended its interests before the Labor Court of Boulogne-Billancourt – which ruled in our client’s favor by dismissing the claims brought by the employee after the termination – and then before the Court of Appeals of Versailles – which reversed the judgment of the Labor Court – to finally appeal to the Labor Chamber of the Cour de Cassation, in the hope to have the termination of the trial period declared well-founded.
A judgment of the Court of Justice of the European Union (“CJEU”) dated September 10, 2015 (C-266/14) is creating confusion while things could already be considered as cloudy in France in terms of working time duration.
This judgment is likely to create a new source of litigation for companies that employ itinerant employees.
A quick look at the website of the French Ministry of Foreign Affairs and, in particular, at the travel advice Section of this website, is sufficient to understand that employees on assignment in a foreign country face multiple risks, such as crime, extreme weather conditions, terrorist attacks, epidemics, volcanic activity, conflicts, kidnappings, etc. The reality of these risks is regularly reported in the newspapers.
While large companies have implemented a real process to manage these risks and designed an appropriate safety policy, all companies, whatever their size, must implement all means necessary to ensure the safety of their employees on assignment in a foreign country. If they fail to do so, their liability may be sought.
Law n°2014-288 of March 5, 2014 on occupational training, employment and social democracy has introduced in the French Labor Code new obligations for Works Councils with respect to financial transparency. Applicable obligations vary according to the size of the Works Councils. Implementation Decrees n°2015-357 and n°2015-358 were published on March 27, 2015 and the French Accounting Standards Authority (Autorité des normes comptables) issued the details of the applicable accounting standards on June 2, 2015.
This article provides a summary of these new obligations applicable to “small” Works Councils, as defined by law, that represent no less than 86% of the overall Works Councils in France.
All the new rules shall be effective for financial years beginning on or after January 1, 2015.
Law n° 2014-790 of July 10, 2014 on combating unfair labor competition had supplemented the existing scheme aimed at regulating the conditions in which foreign workers are temporarily posted in France and, in particular, imposed on user companies and clients an obligation of vigilance with respect to housing conditions and labor legislation.
Decree n°2015-364 of March 30, 2015 on combating frauds in connection with the posting of workers and illegal work will henceforth ensure full implementation of the above-mentioned Law.
While I have been critical of the Labor Chamber of the Cour de Cassation (French Supreme Court) in a very recent article, its decision of October 8, 2014 (n° 13-20.070) provides a good reason to regain hope in the soundness of its analysis of employers’ liability and reminds me that humor is the best cure for anything.
Labor and employment - definitely a wonderful practice primarily because of its fundamentally human dimension - can sometimes bring smiles as employers are likely to face such a variety of amazing and outlandish situations.
The Personal Training Account (Compte Personnel de Formation or “CPF”) was addressed in our May 2014 e-newsletter. Two Decrees were published on October 2, 2014: one in relation to the list of training programs eligible under the CPF (Decree n° 2014-1119) and the other in relation to the conditions in which (i) hours can be accrued under the CPF and, (ii) the CPF can be used (Decree n° 2014-1120).
These Decrees bring some clarification on the obligations imposed on companies for the transition from the DIF to the CPF. This Article provides an overview of such obligations.
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