France

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.

A recent surprising decision from the European Court of Justice offers new insight into the transfers of undertakings and their impact on employees. More specifically, we learn that if an employee works for a transferor on a full-time basis, he may end up being employed by two (or more) employers following the TUPE transfer on […]

The European directive enshrines the principle of “equal pay for equal work in the same workplace”. France has been applying since Thursday 30 July the new European rules on posted workers adopted in 2018 with the principle of equal treatment. This directive aimed to put an end to “social dumping”. From now on, an employee […]

Since 2016, an employer may include in the company’s written rules a neutrality clause prohibiting the visible wearing of any political, philosophical or religious signs in the workplace. European and French case law has laid down conditions for the validity of such a clause: it must treat all the employees of the company in the […]

On 1 July 2020, several rules relating to the calculation of daily sickness benefits changed, as provided for in the Social Security Financing Law for 2020. In particular, the increase in the replacement rate, applicable when the insured person has at least three dependent children, is abolished.

In order to engage in exercise or a sporting activity during a work stoppage, the employee must be expressly authorised in advance by the attending physician, and such authorisation must be included directly on the notice of stoppage. Otherwise, the payment of daily allowances will be suspended and a corrective certificate from the physician is insufficient.