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Labor law

Published at 28 May 2019
Category : Labor & Employment
E-newsletter: May 2019
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. Paragraph 7 of the 1946 Preamble states that “the right to strike shall be exercised within the framework of the laws governing it”. However, there is no framework law regulating it, but rather scattered laws governing specific sectors such as the public sector, air transport, and the case law of the Cour de Cassation (French Supreme Court). This may explain why companies established in France often express their feeling of legal uncertainty on the strike issue. How to define and where to draw the borderline of abuse? Is a political strike without professional claims lawful in France? What means of action does the employer have at its disposal in the event of a blockage of its company? What means of action not only with regard to striking employees but also to safeguard the interests of its company?
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Published at 27 February 2019
Category : Labor & Employment
E-newsletter: February 2019
In 2018, the French Ministry of Labor published the pay gaps between men and women: a 9% differential in wage and 25% at the end of the career. Yet, as per the famous principle “equal pay for equal work”, the employer is required to ensure equality of remuneration between employees of either gender, as long as the concerned employees are placed in identical situations. Obviously, while an annual negotiation on professional gender equality has been mandatory in companies with more than 50 employees since January 1, 2012, the contemplated scheme has not yet fully come into effect. Persistent gender inequalities have led the legislator to take action again by introducing for employers the obligation to publish indicators relating to gender pay gaps.
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Published at 30 January 2018
Category : Labor & Employment
E-newsletter: January 2018
While the European Ministers of Labor and Social Affairs reached on October 23, 2017 an agreement on the revision of the 1996 Posting of Workers Directive, in particular at the instigation of the Macron Government, France is reviewing its own legislation on the subject. On December 20, 2017, the Government indeed announced a series of measures concerning the posting of foreign employees in France, a practice known as “transnational” posting of workers. A 7th “Macron Ordinance” is expected to be published in the first quarter of 2018. Greater simplicity but tighter sanctions for non-compliance: This should be the spirit of this new Ordinance. As a matter of fact, the Government seems to primarily seek to track down companies that do not comply with their obligations – for example concerning the remuneration of posted employees – and that, as a result, fuel a social dumping mechanism.
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Published at 11 December 2017
Category : Labor & Employment
E-newsletter: December 2017
Telework is definitively growing at a fast speed! This type of work organization has become a true societal phenomenon in France in particular since telework has been introduced in the French Labor Code following the adoption of Law dated March 22, 2012. Today, telework is a reality in the daily life of many French employees, mainly in large urban areas. Telework was thus legitimately included in the scope of the negotiations that took place this summer to prepare the reform of French Labor law. The objective was to facilitate access to this type of work organization that is about to become common, and to implement a secured framework for employees. Ordinance n° 2017-1387 of September 22, 2017 thus recast the legal framework governing telework but does not appear to be really a progress towards simplification.
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