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Apr
23
2020

France: Case law offers new precise information on evidence of overtime

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

Feb
22
2020

France: The Loi Pacte’s staff thresholds are now law

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

Feb
22
2020

France: Limits to the freedom of expression of trade union representatives

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

Jan
28
2020

France: The Retirement Reforms at the heart of the political debate

The second half of President Macron’s term has so far been dominated by the project to reform the retirement system. The reform implements a common universal system to replace the current 42 systems. This has led to great political and social debate, with a national strike that began on 5 December 2019 and is still continuing

Dec
19
2019

France: The exceptional purchasing power bonus will be renewed in 2020

The exceptional purchasing power bonus will be renewed in 2020 with some adjustments. The bonus will be exempt from income tax, charges and contributions up to a limit of € 1,000 per beneficiary. The exemption will apply on the bonus paid to employees who have received less than 3 times the annual minimum wage in the previous 12 months. It will have to be paid between the date of entry into force of the law and 30 June 2020. The main novelty: a profit-sharing agreement must have been put in place on the date of payment

Dec
19
2019

France: Implementation of the night shift – pay attention to compensations offered to employees

The implementation of night work in an enterprise requires the conclusion of a collective agreement including certain mandatory provisions, such as the mention of measures to facilitate the articulation of their nocturnal professional activity with their personal life. This is essentially to provide the employee a way to return home at the end of his night service. However, a court banned a supermarket company from employing employees after 9 PM in a tourist area (in Paris), because it found insufficient provisions of the agreement on night work that covered the cheapest mode of transport home, and only if there was no public transport. The court considered that the Labour Code provides “the provision of a means of transport supported by the employer that allows employees to return to their place of residence .”