The French Supreme Court has ruled that an employer who provided employees with timekeeping software implicitly accepts their performance of overtime. The court considered that the employer was thus informed of the hours worked, regardless of the absence of prior authorization from the employer for the performance of these overtime hours.
The French Supreme Court (Cour de cassation) considered that the right to evidence can justify that elements extracted from an employee’s private Facebook account be produced in court, provided that such production is indispensable to the exercise of the right of evidence and that the infringement is proportionate to the goal pursued
In light of the health situation and the closure and lockdown measures taken by the public authorities to combat the pandemic, the reform of the Short Time Work system initially planned to come into force on 1 November 2020 has been postponed until 1 January 2021
Injunctions to impose remote work have multiplied through declarations by the Minister of Labor, and instructions addressed by labor inspectorates to companies, told that implementation of telework is not left up their free choice nor that of employees, as long as the workstation or functions allow the work to be accomplished remotely/from home. However, the law is silent on this issue, except to recall the employer’s reinforced obligation to ensure their employee’s health and safety, which these days… can mean telling them to stay home
Date: Tuesday, 1st December 2020
Time: 9:00 am – 10:30 am EST
Duration: 90 Minutes
Perhaps more than any other year in history, 2020 has kept us all on our toes. For employers, this year brought the unprecedented challenge of managing business operations through a global pandemic, along with numerous significant developments in labour, employment, and human rights law. This engaging webinar will provide participants with an overview of key developments that occurred in 2020, and will offer insight into what employers can anticipate in the year ahead.
Topics covered in this webinar will include:
- Employment agreements: can employers effectively limit termination liability by way of contract?
- Incentive compensation: what might employees be entitled to receive post-termination?
- Overtime: are employers liable to pay for unauthorized overtime?
- Drugs and alcohol: how far does an employer’s duty to accommodate extend?
LSO CPD Hours: This program is eligible for up to 1.5 substantive hours.
To register, please visit: https://filion.on.ca/upcoming-seminars/seminars/2020-year-and-oh-what-year-review/
- Bonnea Channe
- Janeta Zurakowski
- Tawanda Masimbe
- Clifton Yiu
Date and time:
December 1, 2020 9:00 am - 10:30 am (EST)
Date: Thursday, 3 December 2020
Time: 10:00 AM Mexico – 11:00 AM Colombia – 1:00 PM Argentina & Brazil
Duration: 1 Hour
As Brazil adopts a major new data privacy framework with many echoes of GDPR, it reminds us that data privacy is an important issue in many countries in Latin America. In this webinar we will cover new developments in Brazil, Argentina, Colombia and Mexico, with focus on some of the most current concerns for multinationals: international data transfer, diversity and inclusion surveys, and special privacy considerations related to COVID-19.
The webinar will have a duration of 1 hour and is free of charge. You can register for the webinar and feel free to forward the invitation to any of your colleagues.
Please follow us on LinkedIn to stay on top of global legal developments.
- Pablo Palazzi (Allende & Brea in Argentina)
- Gabriela Lima (TozziniFreire Advogados in Brazil)
- Alejandro Castellanos (López & Asociados in Colombia)
- Jimena Sanchez (De La Vega & Martínez Rojas in México)
- Moderator: John Sander (Jackson Lewis in the USA)
Date and time:
December 3, 2020 1:00 pm - 2:00 pm (-03)
Employees’ Rights in Case of a Transfer of Undertaking In France, an employee cannot object to a transfer of undertaking as the transfer is operated automatically. A refusal could constitute grounds for dismissal for disciplinary reasons. The automatic transfer concerns any kind of employment contract (fixed-term contracts, trial period contracts, suspended contracts for illness, etc.). […]
Definition and Types of Restrictive Covenants Post-termination restrictive covenants are fairly common in French employment contracts, especially for senior employees or those with access to confidential information, senior responsibilities or contact with the clientele. In principle, restrictive covenants must be justified by the nature of the duties to be performed and proportionate to the aim […]
Restrictions in the Workplace Employers can set out the general conditions of use and restrict access to the Internet in the workplace, but they have to be cautious, as all employees have a right to privacy, even at the workplace during working time. For example, the employer may access the employees’ professional emails under very […]
Summary According to the French Labour Code, it is forbidden to punish or dismiss employees, or exclude potential employees from the recruitment process (for a job, a training position or an internship), or cause them to endure direct or indirect discriminatory measures with respect to remuneration, incentive schemes, share distribution, training or redeployment programs, posting, […]