Author: Florence Bacquet In a 6 April 2022, decision, the French Supreme Court deemed that there is tacit consent on the employer’s part where said employer does not respond to a request for time-off and the employee may consider that his or her request has been accepted. Therefore, no disciplinary measure may be taken. In […]
France: Government releases Legislative Proposal regarding Wealth/Purchasing Power
Author: Florence Bacquet In an effort to offset the consequences inflation has had on wealth/purchasing power, the newly formed Government has prepared a legislative proposal, the contents of which has recently been made public. If it were to become law as it currently stands, several social measures and changes to current procedures would be implemented. […]
France: Ministry of Labour publishes Q&A on Occupational Health
Author: Olivier Kress Ministry of Labour Publishes Q&A Answering Five Questions about Occupational Health The occupational health related Q&A published on the 13th of May 2022 by the Ministry of Labour outlines the existing legal framework surrounding workplace health and safety and particularly, what an employer’s obligations and an employee’s rights are with regards to […]
France: Misrepresentation or Deceit May Render the Termination by Mutual Agreement Null and Void
Author: Olivier Kress Misrepresentation/deceit may render the termination by mutual agreement of an employment contract null and void if it was instrumental in the other party’s consent. The French Supreme Court recently rendered a decision regarding the validity – or lack thereof – of termination by mutual agreement of the employment contract (“rupture conventionnelle”) in […]
France: The Newly Formed Government’s Labour and Social Projects
Author: Olivier Kress Emmanuel Macron was re-elected President of France on the 24th of April 2022 and the months of May and June saw his second term Ministers be appointed and the legislative elections take place. Many of the newly formed governments’ projects are labour law related or pertain to social matters. Wealth/purchasing power and […]
France: 100€ Inflation Indemnity
Authors: Joël Grangé and Florence Aubonnet In order to help French nationals and residents deal with the economic hardship resulting from high inflation over the last quarter of 2021, the government has implemented an inflation allowance, i.e. an exceptional aid of €100 for the most vulnerable, to be financed by the State. The employer is required […]
France: Law to Strengthen Occupational Health Prevention
Authors: Joël Grangé and Florence Aubonnet The Occupational Health Act (“Loi santé au travail”) was passed in August 2021, but its measures came into force on 31 March 2022, whilst others will become statutory later in 2023 or even in 2024. In addition to changes in occupational health services, and reinforcement of medical check-ups, the law […]
France: The French People will elect their President on 24 April
France: The French People will elect their President on 24 April – one may expect new labor law related measures. The French Republic President’s election is due to take place on April 24, 2022. Parliament elections will follow in June unless otherwise decided. Marine Le Pen and Emmanuel Macron the two remaining candidates for the […]
France: Recent Cases show that Employees should be Cautious with Social Networks
The Court of Cassation implicitly accepts that an extract from the LinkedIn profile of an employee dismissed without real and serious cause, may be produced by his ex-employer in an attempt to limit the amount of damages to be paid to him. In another case, a court of appeal ruled that an employee’s publication of […]
France: New definition of Sexual Harassment in the Labour Code
The definition of sexual harassment in the Labour Code is amended. It is extended to include comments and behavior with a sexist connotation, as well as comments and behavior committed by several persons, whether or not in a concerted manner, without each of them having acted repeatedly. The changes to the Labour Code require company […]