Strategic Lawering Paris Lyon Bruxelles

Labor & Employment

Published at 28 September 2015
Category : Labor & Employment
E-newsletter: September 2015
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.
Read more
Published at 26 August 2015
Category : Labor & Employment
E-newsletter: July / August 2015
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.
Read more
Published at 26 June 2015
Category : Labor & Employment
E-newsletter: June 2015
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.
Read more
Published at 28 April 2015
Category : Labor & Employment
E-newsletter: April 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.
Read more
Published at 30 March 2015
Category : Labor & Employment
E-newsletter: March 2015
Created in 2008, the rupture conventionnelle – an alternative means of terminating the employment contract which replaces standard dismissals or resignations – is a growing success. It must be said that French case-law has considerably extended the horizons of the possible and – for once in labor law – French courts develop a very liberal case-law that complies with the rules of ordinary contract law. In three decisions issued on March 3, 2015, the Labor Chamber of the Cour de Cassation (French Supreme Court) provided further insights on the possible interferences between rupture conventionnelle and dismissal, and acknowledged, among other things, that a rupture conventionnelle can be validly entered into following a dismissal, and even following a resignation. Here’s a development that will upset the points of reference and prime reflexes of labor law specialists!
Read more
Published at 26 February 2015
Author :
Category : Labor & Employment
E-newsletter: February 2015
The anxiety-related damage was first recognized by the Cour de Cassation (French Supreme Court) in May 2010 and has already evolved since then. Insofar as an increasing number of claims are filed against companies with respect to safety in the workplace, this article examines the possible extension of this concept to other situations than asbestos. And this appears to be even more relevant since any employee exposed to particular risks “which may have lasting, identifiable and irreversible effects on health” is monitored by means of an exposure sheet, copy of which is remitted to him/her when he/she leaves the company, develops an occupational disease or is placed on sick leave for a certain period of time (Article L.4121-3-1 of the French Labor Code). Will the anxiety-related damage be reserved only for pre-retired asbestos workers or will this compensable damage spread like an epidemic, it being recalled that there were 11.5 million hypnotics/ anxiolytics users in France in 2012?
Read more
Published at 25 February 2015
Author :
Category : Labor & Employment
E-newsletter: February 2015
In a decision dated October 18, 2006 (decision n° 04-48.612), the Cour de Cassation (French Supreme Court) established the principle that an employer has the obligation to provide legal protection to an employee who had to defend himself/herself in proceedings initiated against him/her for facts or actions related to the performance of his/her professional duties. Because of a case that we have recently handled, the Cour de Cassation will undoubtedly shortly be requested to rule on the question of the social treatment of such expenses.
Read more
Published at 22 December 2014
Category : Labor & Employment
E-newsletter: December 2014
The so-called “economic growth and activity” Bill, commonly known as the “Macron Bill” (the “Bill”) addresses issues as diverse as Sunday working, the reform of the Labor Courts, legal professions, coach transportation, dismissals on economic grounds, and the transfer of State-owned assets and State ownership interests. It was submitted to the Council of Ministers on December 10 and will be discussed by the French Parliament as from January 16, 2015. The Bill has already been much talked about in the past few months, especially for its most controversial section, i.e. the reform of regulated legal professions (primarily lawyers, notaries and bailiffs). The Bill is structured around three main axes, i.e. work, work, remove the brakes on business and invest, and is supposed to symbolize France’s capacity to reform itself and is intended to incrementally liberalize the economy.
Read more
Published at 18 December 2014
Category : Labor & Employment
E-newsletter: December 2014
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.
Read more
Published at 26 November 2014
Category : Labor & Employment
E-newsletter: November 2014
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.
Read more