Labor & Employment

Almost a year after the landmark decision handed on November 28, 2018 by the Cour de Cassation (French Supreme Court)[1] which had for the first time ruled on the reclassification of the contract between a delivery rider and a digital platform and acknowledged the existence of an employer-employee relationship, where does the French legislator stand […]

Definitively adopted on April 11, 2019, the Law on business growth and transformation, known as the “PACTE” Law, reforms the workforce thresholds and amends the rules governing employee savings schemes in many respects.
This article provides an overview of the main provisions of the Law that have implications for the French labor and employment landscape.

A new episode in the legal saga on Macron’s scale: the Cour de Cassation (French Supreme Court) recently issued an eagerly awaited opinion on the compatibility of Macron’s mandatory scale for the determination of damages in case of dismissal without real and serious cause with European and international standards.

In the wake of the reform of the French Labor Code implemented by the so-called Macron Ordinances of September 22, 2017 and the reform of the apprenticeship and vocational training system introduced by the Law on professional future of September 5, 2018, the reform of unemployment insurance is an additional part of the “major transformation” of the French labor market that has been carried out by Emmanuel Macron over the past two years.

The right to strike is the pet peeve of French employers… and for good reasons. France is the champion of strike actions: between 2005 and 2014, it lost between six and eight times more working days than the United Kingdom or Germany; in 2016 it experienced no less than 801 strikes.
The right to strike is a fundamental right but it is also a subject of controversy and conflict, particularly on the thorny issue of so-called “abusive” strikes.

The Ministry of Justice has not remained inactive in the face of judges’ resistance to the Macron scale. By a circular dated February 26, 2019, the Ministry of Justice requested Public Prosecutors at the Courts of Appeal to inform it of any and all decisions rendered regarding the incompatibility of the Macron scale with international conventions.