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.
An employer who does not allow equal access to the means of election propaganda between trade unions is in violation of its obligation of neutrality, which is sufficient to justify the annulment of the elections
In the event of a dispute relating to the existence or number of hours worked, it is for the employee to submit, in support of his claim, sufficiently precise information concerning the unpaid hours he claims to have worked to enable the employer, who is responsible for monitoring the hours worked, to respond usefully by producing its own information. The judge forms his conviction by taking into account all of these elements in the light of the requirements set out in the aforementioned legal and regulatory provisions
The French Supreme Court, the highest jurisdiction in the land, recently ruled that Uber drivers shall be considered as employees of the company, based on the fact that the drivers are bound by a subordinate relationship
Paris, March 16, 2020 – The Coronavirus and the disease it causes, COVID-19, have important legal implications for employers and their workers. The health and political situation in France is quickly evolving, on a daily basis. Below you will find guidelines on the situation as well as answers to some of the more common questions […]
The loi pacte has created new rules regarding thresholds in terms of staff headcount in companies. This much anticipated reform offers greater clarity as to which obligations concern which size businesses. There is a simplification via the reduction in the number of different thresholds and only the companies that have crossed a threshold sustainably will be subject to the obligations
Though public officials who perform trade union functions benefit from the particular freedom of expression required for the exercise of their mandate and for the defence of the interests of the staff they represent, this freedom is not unlimited and must be reconciled with their ethical obligations. In particular, aggressive words or behaviour towards a superior or other staff member may, even though they do not constitute a criminal offence, be characterised as misconduct of such a nature as to justify a disciplinary sanction