Topic: France

Subscribe to France RSS feed

Human resources managers can be indirectly liable for harassment

Health and safety of employees is highly protected in France. Employers are  responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work. But another provision of the French Employment … Continue reading

Le devoir de vigilance : une obligation renforcée

L’obligation de vigilance est une obligation faite aux entreprises de prévenir les risques sociaux, environnementaux et de gouvernance lié à leurs activités. La loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, publiée le 28 mars 2017 au Journal Officiel, renforce l’obligation de vigilance. Le devoir … Continue reading

What is the latest on employees’ rights in the event of redundancy in France?

Dismissing an employee due to economic difficulties is extremely delicate in France. A law dated 8th August 2016 has specified the definition of the economic grounds for dismissals, providing that economic difficulties are, in particular, characterized by a significant evolution of an indicator such as a significant drop of turnover, a significant drop in purchase … Continue reading

When an employer hides another employer

Dual employment is a sensitive subject in French employment law as it enables employees to raise claims against a different employer from that with which the employment contract was signed. The matrix-type organisation of groups of companies, which has become the rule, can have adverse consequences if employees have the feeling that they are employed … Continue reading

Update regarding protection against religion-based discrimination in France

In France, the issue of religious behavior in the workplace is extremely sensitive. The principle under French employment law is that while public sector employers are required to enforce a policy of strict neutrality, in private sector companies, a balance must be maintained between the principle of secularism and the prohibition of discrimination based on … Continue reading

New protection of French whistleblowers under the Sapin II Law

Much attention was focused recently on President Obama’s decision, in the final days of his presidency, on commuting the sentence of Chelsea Manning, who provided certain classified information to WikiLeaks. In France, new legislation has recently been passed and implemented harmonizing the protection of whistleblowing employees (https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=4BBFD240827AF0FD9A6340FF254E6F1B.tpdila21v_3?cidTexte=JORFTEXT000033558528&categorieLien=id). Who is concerned? Under the new regulation, whistleblowers … Continue reading

Key French employment law developments in 2017

As 2017 is a Presidential election year in France, we do not expect major changes in employment legislation to occur in France in the near future.  However, this does not mean that French employment lawyers will be unoccupied. First and foremost, the El Khomri law (dated 8 August 2016), which significantly modified the employment law … Continue reading

Class action against workplace discrimination

In France, employees who suffer from workplace discrimination are entitled to bring claims against their employer. Workplace discrimination is strictly prohibited and is characterized when a person is treated less favorably than another because of his or her origin, sex, marital status, pregnancy, physical appearance, health, disability, sexual orientation, gender identity, age, political opinions, trade … Continue reading

The new French “right to disconnect”

French law has recently implemented the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours. The purpose of the new legislation is to protect the employees’ work-life balance and their right to rest periods. New article L 2242-8 of the French Labour Code provides that … Continue reading

What rights do workers have to rest breaks in France?

French regulations strictly supervise employees’ working time, which may not exceed a certain limit and must include break time and minimum rest periods. Not only must the employer comply with these obligations, but in the event of litigation, the employer must be in a position to produce evidence that it has done so. Each employee … Continue reading

An employee alleging harassment at work cannot be the object of a claim for defamation by the employer

In France, employees alleging harassment enjoy legal protection against any retaliation by their employer. The employee cannot be made subject to sanctions as a consequence of such allegations, whether by outright dismissal or some lesser sanction. Obviously, there are some caveats around this, including the requirement that the employee have made such allegation of harassment … Continue reading

What protections and rights exist for part-time employees?

Under French employment law, part-time employees enjoy rights identical to those granted to full-time employees by law, collective bargaining agreements and company agreements employees. Consequently, there exists a principle of equality between part-time and full-time employees, such that part-time employees enjoy either the same or proportional rights as those so full-time employees. Part-time employees enjoy … Continue reading

A warning for a slap : is it reasonable ?

Under French employment law, the definition of a disciplinary sanction is broad as it is defined by law as being “any measure, other than a verbal observation, taken by an employer in response to an act of an employee which the employer considers incorrect, whether or not such measure has an immediate effect upon the … Continue reading

What are the latest developments on whistleblowing in the workplace?

French employment law does not yet provide for a comprehensive and consistent set of rules for the purpose of protecting whistleblowers. Instead, French employment law tackles issues arising out of whistleblowing situations through a relatively meager set of legislative provisions. Current legislation Under currently applicable legislation, no employee can be disciplined, dismissed or discriminated against … Continue reading

What measures are in place (or being proposed) to address gender pay inequality in the workplace in France ?

Gender pay inequality remains a topical issue in France despite the introduction of numerous pieces of legislation intended to suppress the persistent pay gap in average remuneration between women and men. Although French employment law theoretically prohibits any discrimination based on gender and requires that employers ensure equal remuneration between women and men occupying a … Continue reading

The occurrence of willful misconduct no longer constitutes an exception to the payment of the indemnity in lieu of paid leave in France

Under French employment law, there is a classic distinction between dismissals for “gross misconduct” (faute grave) and willful misconduct (faute lourde) regarding the consequences of such misconduct for the employee. Although in both cases the employee loses his/her entitlement to a notice period and to a dismissal indemnity, an employee dismissed for willful misconduct will also … Continue reading

To what extent can employers be held vicariously liable for the acts of their employees and others in France?

The issue of the liability the employers can face as a result of the acts and/or omissions of their employees is a recurring aspect of employee management in France. There are no specific employment rules per se governing the extent to which the employers can be held vicariously liable for the acts of their employees. … Continue reading

The precious help of the occupational health physician in dismissal for disability procedures

As a general principle, the occupational health physician is a major interlocutor of the employer regarding the employees’ health and safety. In particular, there exists a very specific procedure under which employees’ disability must be acknowledged by the occupational health physician in order to authorize an employer to begin a dismissal procedure. However, such opinion of … Continue reading

Is it possible for employers to change the terms of employment contracts in France?

Under French law, the ability of an employer to alter the terms and conditions of employment of its employees is very restricted. It is generally necessary for the employer to obtain the consent of the employee if it wishes to implement a change in his/her terms and conditions of employment. The principle and procedure applicable … Continue reading

Employers must immediately reinstate a dismissed employee when informed of her pregnancy

Pregnant employees benefit from specific and extensive guarantees against termination of their employment under French law. In particular, employers are not allowed to dismiss an employee from the moment she is medically certified as being pregnant, excepted in two limited cases: where the employee has committed an act of gross misconduct or if it is … Continue reading

What protection do employees have against racial discrimination in France?

The matter of racial discrimination is a regular source of concern in France, and the issue of protection against such discrimination is as important as ever. In this respect, employee protection is principally ensured through the general principle of non-discrimination in the workplace, which prohibits any employer from treating an employee differently on the basis … Continue reading

The severe sanction applicable to provisions entitling employers to waive a non-compete clause at any time

French law allows an employer to subject an employee to a non-compete obligation after the termination of his/her employment under certain conditions. However, in practice, an employer may realize at the time of the termination that an employee will actually not be in a position to constitute a threat to its interests even if he/she … Continue reading
LexBlog