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Labor & Employment

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!
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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?
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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.
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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.
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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.
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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.
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Published at 25 September 2014
Author :
Category : Labor & Employment
E-newsletter: September 2014
The Labor Chamber of the Cour de Cassation (French Supreme Court) does surprise me over and over again. I had already been taken aback by its decision of October 16, 2013 (n° 12-15.638) in which it explained (i) that there was nothing irregular for an employee declared totally unfit to drive any vehicle to do car racing during his sick leave periods, and (ii) that this situation should not be seen as a disloyal behavior that could lead to the termination of employment! I am now stunned by its decision of July 2, 2014 (n° 13-12.496) in which it held that an employee may seek the nullification of her dismissal insofar as she informs her employer that she is pregnant within the fifteen days following the notification of her dismissal, even though she got pregnant only after such notification! Hence the title of this opinion piece…
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Published at 01 August 2014
Author :
Category : Labor & Employment
E-newsletter: August 2014
Law n° 2014-856 of July 31, 2014 on the social and solidarity economy (“Law”) imposes new obligations on Small- and Mid-sized Businesses (“SMBs”) in case of share and business transfers. Any transfer implemented in breach of these obligations could be nullified.
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Published at 25 June 2014
Author :
Category : Labor & Employment
E-newsletter: June 2014
In deliberation n°2014-042 published on January 30, 2014, the French Data Protection Authority has taken a new step forward with respect to whistleblowing programs. It has indeed once again amended the simplified single authorization and extended its scope to new issues (including hygiene and safety, environment, workplace discrimination and harassment) that are de facto often addressed in companies’ codes of ethics.
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Published at 01 May 2014
Author :
Category : Labor & Employment
E-newsletter: May 2014
Law n° 2014-288 of March 5, 2014 on occupational training, employment and social democracy includes several provisions that (i) impose new obligations on companies of all types and sizes with respect to career development review meetings, and (ii) significantly amend the current Individual Right to Training (Droit individual à la Formation or “DIF”) that will be replaced by the Personal Training Account (Compte Personnel de Formation or “CPF”), effective as from January 1, 2015.
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