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Published at 29 September 2017
Category : Labor & Employment
E-newsletter: September 2017
He had promised it and he did it: The Major Reform of French Labor law was the spearhead of Emmanuel Macron’s presidential campaign. On Friday September 22, 2017, the President of the French Republic signed the five Ordinances that substantially reform French labor law. While for Emmanuel Macron this reform constitutes a “Copernican revolution” of labor relationships, opponents, including in particular Jean-Luc Mélenchon, the head of the far-left party La France Insoumise, call it a “social coup d'état ». So, revolution or putsch? On both sides, the terms used are certainly exaggerated but a new wind is definitively blowing. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances. Human resources directors and in-house counsels all agree that it is a pragmatic, “encouraging” reform that “is moving in the right direction” to increase competitiveness in France. This article focuses on the flagship measures introduced by the Ordinances.
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Published at 31 March 2017
E-newsletter: March 2017
In a decision dated January 31, 2017, the Commercial Chamber of the Cour de Cassation (French Supreme Court) held that “unless otherwise agreed upon between the parties, the first demand guarantee, that does not follow the guaranteed obligation, is not transferred in case of a split-up”. This position has already triggered many comments and conflicting views. It deserves special attention given that, in particular, first demand guarantees are an essential issue for businesses and supposed to ensure legal certainty for their beneficiaries.
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