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Labor & Employment

Published at 25 September 2014
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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
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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
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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
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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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Published at 01 April 2014
Category : Labor & Employment
E-newsletter: April 2014
In our December 2013 e-newsletter, we announced the forthcoming publication of the so-called “Florange” Law that notably imposes on companies and groups with at least 1,000 employees that intend to close down a site the obligation to search for a buyer.
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Published at 01 March 2014
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Category : Labor & Employment
E-newsletter: March 2014
Decree 2014-294 of March 6, 2014 authorizes the dematerialization of meal vouchers and amends the conditions in which such vouchers can be used, depending on whether they are in paper or dematerialized form. Companies are free to keep paper-based vouchers or opt for dematerialized vouchers taking the forms of a smart card or a smartphone app.
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Published at 01 February 2014
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Category : Labor & Employment
E-newsletter: February 2014
Pursuant to a Decree dated December 3, 2013, new measures to combat social-related contribution evasion are now enforceable. These measures include aggravated sanctions/penalties for contractors that do not comply with their duty of vigilance and care towards their sub-contractors who commit the offense of undeclared work.
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Published at 01 January 2014
Category : Labor & Employment
E-newsletter: January 2014
The Law on securing employment of June 14, 2013, the main features of which were outlined in our March, May and June 2013 e-newsletters, has established the principle that an agreement between the employer and the Works Council (the “WC”), or in the absence of such agreement, a Decree of the Conseil d’Etat (Council of State), fixes the time-frames within which the WC must issue its opinions.
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Published at 01 December 2013
Category : Labor & Employment
E-newsletter: December 2013
Adopted on October 1, 2013 by the National Assembly under the fast-track legislative procedure, the Bill aimed at “restoring prospects for the real economy and industrial employment”, known as the Florange Bill (the “Bill”), imposes on companies intending to close down a site the obligation to search for a buyer and provides for financial penalties if companies do not comply with this obligation.
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Published at 01 November 2013
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Category : Labor & Employment
E-newsletter: November 2013
French rules governing company-sponsored death and disability insurance schemes and supplemental retirement schemes have substantially evolved over the years.
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