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Labor & Employment

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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Published at 01 May 2009
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Category : Labor & Employment
E-newsletter: May 2009
The National Multi-Industry Agreement (NMA) dated July 2, 2008 on stress in the workplace has been given the force of law by Decree dated April 23, 2009, published in the Official Journal of May 6, 2009. The terms of this agreement now apply to all companies regardless of their staff size.
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Published at 01 April 2009
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Category : Labor & Employment
E-newsletter: April 2009
While companies have always had interest to be extremely vigilant with respect to company-sponsored supplemental welfare insurance schemes in order to be able to negotiate the corresponding contracts in the best conditions or regularly amend the same over the years to respond to changing needs, they must now ensure that all such contracts fully comply with legal requirements.
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Published at 01 February 2009
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Category : Labor & Employment
E-newsletter: February 2009
Among the changes brought by the so-called Aubry Laws dated June 13, 1998 and January 19, 2000, it is worth noting the introduction in the French Labor Code (“FLC”) of a legal definition of three categories of executive employees. It was hoped that the provisions setting forth the working time applicable to each defined category would limit social and labor-related risks.
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Published at 01 January 2009
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Category : Labor & Employment
E-newsletter: January 2009
There are traditionally significant labor law developments at the beginning of a calendar year. The Law on Labor Income presents a real interest for companies with respect to employee savings schemes and substantially amends the rules governing mandatory profit-sharing plans by definitively authorizing the immediate release of the sums earned under such plans. The Social Security Finance Act 2009 softens the requirements for combining employment and retirement pension, creates a new contribution to be paid by employers and limit employers’ possibility to force employees into retirement.
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