Articles

A recent decision of the Court of Cassation of 25 November 2020, creates a surprising precedent on the topic of the validity of evidence. Evidence deemed to be unlawful under the law on information technology and civil liberties and which infringes on an employee’s personal life, may be admitted in court, provided that its production is indispensable, and no longer merely necessary for the exercise of the right to evidence, and that the infringement of the employee’s rights respecting his personal life, is strictly proportionate to the aim pursued

The second wave of the Covid19 pandemic has instigated legislation and regulatory action to help set a framework for businesses adapting to the crisis. The derogatory provisions authorising the use of remote meetings for staff representatives have been reinstated, the social partners finalised a draft national cross-industry agreement on remote work that outlines employers’ duties and the rights of remote workers.

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

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 […]