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Articles from Emilie Ducorps-Prouvost

Published at 29 June 2018
Category : Labor & Employment
E-newsletter: June 2018
Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law. Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace. The challenge is thus to identify avenues for adapting our labor and employment legislation in order to anticipate and smooth the transition to the new world. This article is the first part of a trilogy built around the lifetime of employment contracts: hiring / performance / termination. Apart from its general introduction, this first part is mainly dedicated to issues associated with the end/termination/breach of employment contracts: Indeed, the prevailing alarmist discourse is that IA will wipe out many jobs. Does our labor and employment legislation, as it currently stands, provide some safeguards against this unavoidable (according to some people) risk?
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Published at 30 January 2018
Category : Labor & Employment
E-newsletter: January 2018
While the European Ministers of Labor and Social Affairs reached on October 23, 2017 an agreement on the revision of the 1996 Posting of Workers Directive, in particular at the instigation of the Macron Government, France is reviewing its own legislation on the subject. On December 20, 2017, the Government indeed announced a series of measures concerning the posting of foreign employees in France, a practice known as “transnational” posting of workers. A 7th “Macron Ordinance” is expected to be published in the first quarter of 2018. Greater simplicity but tighter sanctions for non-compliance: This should be the spirit of this new Ordinance. As a matter of fact, the Government seems to primarily seek to track down companies that do not comply with their obligations – for example concerning the remuneration of posted employees – and that, as a result, fuel a social dumping mechanism.
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Published at 11 December 2017
Category : Labor & Employment
E-newsletter: December 2017
Telework is definitively growing at a fast speed! This type of work organization has become a true societal phenomenon in France in particular since telework has been introduced in the French Labor Code following the adoption of Law dated March 22, 2012. Today, telework is a reality in the daily life of many French employees, mainly in large urban areas. Telework was thus legitimately included in the scope of the negotiations that took place this summer to prepare the reform of French Labor law. The objective was to facilitate access to this type of work organization that is about to become common, and to implement a secured framework for employees. Ordinance n° 2017-1387 of September 22, 2017 thus recast the legal framework governing telework but does not appear to be really a progress towards simplification.
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Published at 29 September 2017
Category : Labor & Employment
E-newsletter: September 2017
He had promised it and he did it: The Major Reform of French Labor law was the spearhead of Emmanuel Macron’s presidential campaign. On Friday September 22, 2017, the President of the French Republic signed the five Ordinances that substantially reform French labor law. While for Emmanuel Macron this reform constitutes a “Copernican revolution” of labor relationships, opponents, including in particular Jean-Luc Mélenchon, the head of the far-left party La France Insoumise, call it a “social coup d'état ». So, revolution or putsch? On both sides, the terms used are certainly exaggerated but a new wind is definitively blowing. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances.
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Published at 29 June 2017
Category : Labor & Employment
E-newsletter: June 2017
Since the election of Emmanuel Macron as President of the French Republic, the whole world has its eyes on our country and one of the issues for which Emmanuel Macron and his Government will be under much scrutiny is of course French labor and employment law. The Government’s ambition is to find innovative solutions very quickly, by relying on consultations between social partners (i.e. employees’ and employers’ representative bodies) in order to articulate social and economic performance. While it is still too early to tell whether the “work program to renew our social model” submitted to the social partners on June 6 will be the launch pad for ambitious and efficient major labor reforms, one thing is certain: The wind of hope and positivism is blowing again on French social partners and actors.
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Published at 27 April 2017
Category : Immigration
E-newsletter: April 2017
Theresa May said that she is in favor of the preservation of expatriates’ rights provided that an agreement on “reciprocal rights” is reached. In fact, it is highly likely that the British Government will impose work permit restrictions. In that case, and as the principle of reciprocity will apply, British citizens will need a visa to work in France. The future of expatriates will most certainly be used as a bargaining chip during the withdrawal negotiations and chances are high that what happens to them will be decided at the last minute, in 2019, when UK’s withdrawal from the European Union will become effective. Let us hope, at least, that our leaders will work out efficient agreements to impair as little as possible the free movement of people between the United Kingdom and France, in particular with respect to business immigration.
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Published at 28 February 2017
Category : Labor & Employment
E-newsletter: February 2017

Foreign parent companies whose French subsidiary is subject to insolvency/bankruptcy proceedings (judicial liquidation or receivership) can in certain instances be sued in tort by the employees of such subsidiary who have been dismissed. This type of claim in tort in the context of insolvency/bankruptcy proceedings is becoming an increasingly common practice in France.

As such, French Labor Courts may order foreign parent companies to pay damages in compensation for the loss suffered by employees dismissed in France as a result of a fault/negligence by such parent companies in the management of their French subsidiary. However, a decision handed down by the Cour de Cassation (French Supreme Court) on January 10, 2017 specified that, in the context of international insolvency proceedings, the French judge has not necessarily jurisdiction to adjudicate this type of case.


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Published at 26 December 2016
Category : Labor & Employment
E-newsletter: December 2016
In today’s digital and “all-connected” world where 71% of French executive employees read work emails in the evening or on holiday , the “right to disconnect” has been officially introduced in the French Labor Code following its legislative recognition in the so-called “Work Law” of August 8, 2016. Effective as from January 1, 2017, the mandatory annual negotiations on gender equality in the workplace and quality of life at work must also address “the conditions in which the employee can fully exercise his /her right to disconnect and the implementation by the company of mechanisms to regulate the use of digital tools”. While the legislator’s laudable initiative to prompt employers to put in place regulation systems in order to protect the employees’ personal life and preserve their health is welcome, it is also perfectly understandable that companies working internationally and /or in an ultra-competitive environment that requires the highest level of responsiveness express concerns regarding the necessity to continue to rely on the reactivity of their autonomous executive employees. Should we be pleased or concerned about the emergence of the right to disconnect? What are the boundaries of this right? Is it a realistic right or a right that is totally “disconnected” from business realities?
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Published at 29 November 2016
Category : Labor & Employment
E-newsletter: November 2016
In our October 2016 e-newsletter, we addressed forfait working time arrangements, an important element of the so-called “Work Law” of August 8, 2016 . This month, we will focus on an even more sensitive issue raised by said Law: Dismissals on economic grounds. It is clear that through successive reforms, the French legislator, navigating by sight on troubled waters and finding himself in the middle of a power game between trade-unions and employers’ federations, has been trying to reach his goal to make French labor and employment law more secure while maintaining focus on employment protection and growth. In this spirit, the Work Law attempts to make dismissals on economic grounds more secure but, after so many compromises, it does not really recast the existing set of rules and even create additional uncertainties. As such, it seems that unfortunately the hopeful resolution to build a secured framework adapted to economic and financial constraints has not been yet fulfilled.
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Published at 28 October 2016
Category : Labor & Employment
E-newsletter: October 2016
Law of August 8, 2016 on Work, Modernization of Social dialogue and Securing Professional Careers, often referred to as the “Work Law”, addresses most areas of French labor and employment law. It includes significant provisions on collective negotiation and the enshrinement of company-wide collective agreements, and makes so-called forfait jours and forfait heures working time arrangements more secure. Highly criticized, the Work Law aims at securing these working time arrangements and offers a secured way for companies to compensate for the lack of clauses on employees’ workload in applicable collective agreements.
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