France » Articles

Filter Countries

France: Macron’s reform deemed constitutional by the Conseil Constitutionnel

The Macron ordinances of September 23, 2017, which reform many areas of French labor law, only had until now a regulatory value. Since March 31, 2018, they have become part of the Labor Code and have acquired the status of law. Among the flagship measures are the increased importance of collective bargaining at a company level, the recourse to the collective mutually agreed terminations and the establishment of the CSE, the new and simplified staff representation body.

France: The timeline for consulting the works council on the strategic orientation doesn’t begin if the database has not been provided

The works council must take a decision within a certain period when it is consulted on the strategic orientations. In the absence of an opinion within this period, he is deemed to have been consulted and to have given a negative opinion. But beware, the consultation period runs from the date when the works council has been able to make a decision by being sufficiently informed. Hence the importance of thoroughly informing and updating the database of each company, which includes all the information necessary for the works council consultations.

France: The condition of validity for collective agreements changes on May 1 , 2018

The rules for validating agreements by signing a majority of representative unions have been applicable since 1 January 2017 for all agreements on work hours, rest and holidays. The labor law had provided for a generalization of this majority requirement on 1 September 2019. The Macron reform has moved this implementation up to 1 May 2018.

France: A mobility clause that covers the whole national territory is valid

An employer may impose a transfer of the employee whose contract includes a mobility clause. The French supreme court (Cour de cassation) verifies the validity of such a clause : in order to be valid, it must clearly define the geographic scope of its application.  And yet, the Cour de cassation has just clarified that a mobility clause that covers all the company’s sites in France was sufficiently specific.

France: Updates on the Macron ordinances: the rationale for economic dismissals is now evaluated at the national level

The Macron ordinances provide for a few simplifications regarding economic terminations: the frame for evaluating the economic rational and the redeployment research is limited to France (when the company is part of a worldwide group). The possibility to dismiss before transfer is no longer exclusively for large companies.

France: Sexual harassment of employees of an external provider justifies the termination of the responsibl employee, who is also a staff representative

Acts of sexual harassment, when they are established, are grave and require a reaction from the employer. They can lead to the dismissal of the harassing employee, even if the individual is also a staff representative and their benefits from a specific dismissal procedure. The administrative court of appeal of Bordeaux has ruled on the matter regarding an employee in a furniture store.

France: Protection of personal data : France adapts its legislation to the European requirements resulting from the GDPR regulation

The European Regulation on data protection (GDPR) enters into force on May 25 and sets a new framework for harmonziing the protection of personal data within the European Union. A draft law organizes its implementation on French territory. The formalities prior to the establishment of a data processing file would be reduced and the control and the sanction powers of the CNIL (independent authority responsible for ensuring respect for individual freedoms) will be reinforced.