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Labor & Employment

Published at 01 August 2010
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Category : Labor & Employment
E-newsletter: August 2010
In the last several years, it has been difficult for companies to comply with their redeployment obligations, specifically in the international context. These obligations should have therefore been clarified and detailed by law. The legislators chose instead to partially address the issue, and with a sense of urgency, with the Law no. 2010-499 of May 18, 2010 “aimed at guaranteeing fair conditions of remuneration for employees concerned by a redeployment procedure” within the framework of a dismissal for economic reasons.
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Published at 01 June 2010
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Category : Labor & Employment
E-newsletter: June 2010
With the development of information and communication technologies, a growing number of employees are telecommuting for all or part of their work. Additionally, companies have often been required to reduce the surface area of their premises and request their employee to work, in part, from their homes. As a result, working conditions have evolved. The National Multi-Sector Agreement (Accord National Interprofessionnel or ANI) of July 19, 2005 implementing the European Framework Agreement of July 16, 2002 set forth the general principles of telework. Following a decision of the Labor Chamber of the French Supreme Court dated April 7, 2010, we need to touch base on this type of work from home.
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Published at 01 April 2010
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Category : Labor & Employment
E-newsletter: April 2010
The “rupture conventionnelle” is a contractually negotiated termination of an indefinite term employment agreement. It was created by the Law no. 2008-596 of June 25, 2008, and has been a huge success. In 2009, out of the 230,095 terminations that have been contractually negotiated, 191,309 or 83.14% of them were approved by the French labor administrations.
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Published at 01 December 2009
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Category : Labor & Employment
E-newsletter: December 2009
The decision rendered on July 1, 2009 (no. 07-42675) by the Labor Chamber of the Cour de cassation (French Supreme Court) was addressed in our July-August 2009 e-newsletter, in which we expressed our concern about the possible direction of the principle of equal treatment between employees.
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Published at 01 November 2009
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Category : Labor & Employment
E-newsletter: November 2009
In July 2002, case law was reversed and non-competition clauses were required to have financial counterparts. Consequently, companies turned towards other more restrictive clauses prohibiting employees from soliciting the existing and possibly future clients of his former employer at the end of the employment contract.
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Published at 01 October 2009
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Category : Labor & Employment
E-newsletter: October 2009
Case law with regard to mobility clauses keeps evolving. The decision rendered by the Labor Chamber of the Cour de Cassation (French Supreme Court) is significant in its focus on the scope thereof: the group, which is a notion that is vague and fluctuating in French labor law. It now appears that although the group has obligations with regard to the employee of all the companies attached thereto, more specifically in terms of redeployment, these same employees cannot have any obligation towards this group, even if they have expressly committed themselves by accepting an intra-group mobility…
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Published at 01 September 2009
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Category : Labor & Employment
E-newsletter: September 2009
In France in 2008, the employment rate of employees between 55 and 64 years old was 38.30% whereas the European objective is 50% for 2010. The French government has taken several measures to keep senior citizens in their jobs: increasing the rate of the pension bonus of employees who continue to work after having reached the number of quarters necessary to benefit from a retirement at the full rate, the easing of restrictions on cumulating employment with retirement, prohibiting forced retirement of employees under the age of 70 by the sole initiative of the employer, and requiring the consent of the employee for a forced retirement between the ages of 65 and 70.
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Published at 01 August 2009
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Category : Labor & Employment
E-newsletter: August 2009
Case law has established the principle of “equal pay for equal work”, which seems logical and fair. However, in practice, it may be difficult to implement, specifically in small- and medium-sized companies. Further, equity can sometimes shift towards egalitarianism, which, in the end, could severely penalize employees, and therefore companies, should this become the norm.
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Published at 01 June 2009
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Category : Labor & Employment
E-newsletter: June 2009
A survey carried out by the European Foundation for the Improvement of Living and Working Conditions revealed that violence at the workplace affects a large number of workers: 3 million workers are subjected to sexual harassment, 6 million workers are subjected to physical violence and 12 million workers are subjected to intimidation and bullying. In France an IPSOS survey published in 2000 showed that 3 workers out of 10 considered that they were victims of moral harassment at their workplace.
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Published at 01 June 2009
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Category : Labor & Employment
E-newsletter: June 2009
Article 14 of the National Multi-Industry Agreement (NMA) dated January 11, 2008 reasserts the principle of continuing coverage under company-sponsored supplemental health, death and disability insurance plans for former employees of a company, thereby reiterating certain provisions of the Evin Law of December 31, 1989. An amendment no. 3 dated May 18, 2009 modified and specified certain procedures for implementing this continued coverage that takes effect on July 1, 2009. This will require companies and their insurance companies to act quickly in order to be ready by this date in spite of the probable difficulties they will face in the implementation process.
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