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Labor & Employment

24 December 2020 | Soulier Avocats

Co-employment within corporate groups: A new definition for an exceptional situation

In a ruling issued on November 25, 2020, the Cour de Cassation (French Supreme Court) reaffirmed the exceptional nature of co-employment by giving a new definition of its constituent elements.

This more restrictive definition, which reinforces the exceptional nature of the situation of co-employment, should have a deterrent effect on employees wishing to rely on this concept in court.

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30 October 2020 | Soulier Avocats

A Facebook post to “friends” can lead to dismissal

The Cour de Cassation (French Supreme Court) recently ruled that an employer can produce in court elements extracted from an employee’s private Facebook account, to which it was not authorized to access, as long as (i) this production is indispensable to the exercise of its right to evidence, and (ii) the violation of the employee’s privacy is proportionate to the goal pursued.

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7 August 2020 | Fabien Pomart

Covid-19: Optimizing the long-term management of the crisis thanks to the collective performance agreement

The French government immediately responded to the health crisis created by the outbreak of the COVID-19 pandemic through situational tools that helped companies quickly handle this exceptional worldwide crisis.
Together, these instruments have enabled many companies to swiftly adapt to the crisis. They also made it possible to maintain employment and, more generally, to protect businesses.

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6 August 2020 | Soulier Avocats

Employees’ freedom of religion and ban on wearing a beard

Does an employer who dismisses for serious misconduct an employee working as security consultant for a company providing security and defense services to governments, international non-governmental organizations or private companies, accusing him of wearing a beard that is “trimmed in a way that is intentionally meaningful in both religious and political terms”, infringe said employee’s freedom of religion?

The Cour de Cassation (French Supreme Court) was asked to address this issue and has expanded existing case-law in this area, by issuing on July 8, 2020 a ruling on the fundamental rights and freedoms of employees in the workplace. The Labor Chamber of the Cour de Cassation specifically considered that dismissal for serious misconduct based on such a ground was discriminatory.

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