Strategic Lawering Paris Lyon Bruxelles

Employment contract

Published at 28 September 2018
Category : Labor & Employment
E-newsletter: September 2018
Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law. Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace. The challenge is thus to identify avenues for adapting our labor and employment legislation in order to anticipate and smooth the transition to the new world. This article is the second part of a trilogy built around the lifetime of employment contracts: hiring / performance / termination. It is devoted to three issues connected with the performance of the employment contract: What tools can be used to ensure the continuing adaptation of employees to their jobs that are evolving with the development of AI, what is the impact of AI on the ways of organizing work within businesses, what is the impact of AI on employees’ working conditions?
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Published at 29 June 2018
Category : Labor & Employment
E-newsletter: June 2018
Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law. Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace. The challenge is thus to identify avenues for adapting our labor and employment legislation in order to anticipate and smooth the transition to the new world. This article is the first part of a trilogy built around the lifetime of employment contracts: hiring / performance / termination. Apart from its general introduction, this first part is mainly dedicated to issues associated with the end/termination/breach of employment contracts: Indeed, the prevailing alarmist discourse is that IA will wipe out many jobs. Does our labor and employment legislation, as it currently stands, provide some safeguards against this unavoidable (according to some people) risk?
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Published at 30 March 2015
Category : Labor & Employment
E-newsletter: March 2015
Created in 2008, the rupture conventionnelle – an alternative means of terminating the employment contract which replaces standard dismissals or resignations – is a growing success. It must be said that French case-law has considerably extended the horizons of the possible and – for once in labor law – French courts develop a very liberal case-law that complies with the rules of ordinary contract law. In three decisions issued on March 3, 2015, the Labor Chamber of the Cour de Cassation (French Supreme Court) provided further insights on the possible interferences between rupture conventionnelle and dismissal, and acknowledged, among other things, that a rupture conventionnelle can be validly entered into following a dismissal, and even following a resignation. Here’s a development that will upset the points of reference and prime reflexes of labor law specialists!
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