Judicaël Fouquet

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A warning for a slap : is it reasonable ?

By Judicaël Fouquet on June 28, 2016 Posted in Europe, France

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?

By Judicaël Fouquet on June 28, 2016 Posted in Discrimination and harassment, Europe, France

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 ?

By Judicaël Fouquet on June 1, 2016 Posted in Discrimination and harassment, Europe, 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

By Judicaël Fouquet on May 10, 2016 Posted in Europe, 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?

By Judicaël Fouquet on May 10, 2016 Posted in Europe, 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

By Judicaël Fouquet on April 1, 2016 Posted in Europe, France

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?

By Judicaël Fouquet on April 1, 2016 Posted in Contracts, Europe, 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

By Judicaël Fouquet on March 3, 2016 Posted in Europe, France

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?

By Judicaël Fouquet on March 3, 2016 Posted in Discrimination and harassment, Europe, 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

By Judicaël Fouquet on February 22, 2016 Posted in Europe, France

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

A lie in an employee’s resume may lead to a dismissal for gross misconduct

By Judicaël Fouquet on February 1, 2016 Posted in Europe, France

In any recruitment process, it is legitimate for employers to inquire as to the professional skills and experience of candidates for vacant positions. In order to avoid any excess actions on the employers’ part, French employment law provides that the information requested from any candidate may only serve the purpose of assessing his/her ability to … Continue reading

Are your restraint of trade provisions enforceable in France?

By Judicaël Fouquet on January 28, 2016 Posted in Europe, France

In France the rules governing restraint of trade provisions in the context of an employment relationship have been established through case law. Generally speaking, restrictive covenants in an employment contract will only be considered enforceable by French courts if: it can be shown that the inclusion of the restriction protects a legitimate business interest; and … Continue reading

The results of an alcohol test do not justify a dismissal if based on unenforceable internal regulations

By Judicaël Fouquet on January 18, 2016 Posted in Europe, France

Under French employment law, the issue of alcohol consumption at the workplace is taken very seriously as it could entail significant risks, not only for the employee and his/her colleagues, but also for the company in general (loss of productivity, reputational risks, etc.). Moreover, the employer is bound by a duty of care towards its … Continue reading

What are the employment implications of the transfer of a business?

By Judicaël Fouquet on December 10, 2015 Posted in Europe, France

Principle and scope of application French employment law, pursuant to European legislation, contains measures that are aimed at protecting employees in the context of a transfer of a business (TUPE provisions). In this respect, French law provides that “if there is a change in the legal status of an employer such as a succession, sale, … Continue reading

Equality of treatment is not applicable within a group

By Judicaël Fouquet on December 2, 2015 Posted in Discrimination and harassment, Europe, France

Aside from the particular legislation prohibiting discrimination of employees on specific grounds such as age or gender, the French employment code does not provide for specific provisions concerning a more general principle which require the avoidance of inequality of treatment in the workplace. However, case law has progressively established this principle, particularly concerning remuneration, working … Continue reading

The CFO of a parent company can validly dismiss employees of a subsidiary

By Judicaël Fouquet on November 13, 2015 Posted in Europe, France

French employment law mandates that it is the employer itself who must notify employees of their dismissal. In this context, and for obvious practical reasons, the employer is entitled to delegate the authority to sign the dismissal letter to another person. However, even though case law has long admitted that in certain situations the dismissal … Continue reading

Termination of an employment contract by mutual agreement cannot be used as an alternative to a dismissal

By Judicaël Fouquet on October 30, 2015 Posted in Europe, France

French employment law allows employers and employees to agree on the termination of the employment contract by mutual consent. Such termination must be formalized through the implementation of a “rupture conventionnelle homologuée” (“RCH”) which requires adherence to a formal procedure including, among other things, the requirement to obtain approval from the Labour administration. The advantage … Continue reading

Passive smoking: Employees can claim damages

By Judicaël Fouquet on October 6, 2015 Posted in Europe, France

Legal context French employment law imposes a duty of care on the employer requiring it to ensure that the health and safety of its employees is not impacted as a result of their work. Such duty is interpreted very broadly by the courts, which only allow employers to escape liability in very limited circumstances such … Continue reading

Notice rights: what rights do employees have to notice on termination of employment in France?

By Judicaël Fouquet on September 29, 2015 Posted in Europe, France

Under French employment law, the termination of an employment contract by either of the parties must be preceded by a notice period during which the employment contract remains effective and binding on both parties. Such requirement of prior notice is provided by the law particularly in case of resignation, dismissal (except in case of gross … Continue reading

A signature does not (always) mean acceptance

By Judicaël Fouquet on September 21, 2015 Posted in Europe, France

The legal context Under French employment law, employers are entitled to provide for a trial period in the employment contract during which they are allowed to terminate the contract without being required to follow a dismissal procedure or to justify the termination on real and serious grounds. Such trial period cannot exceed a certain duration, … Continue reading

An unsuccessful adaptation period cannot result in dismissal for poor performance

By Judicaël Fouquet on August 31, 2015 Posted in Europe, France

Legal background French employment law entitles employers to provide for a trial period in the employment contract during which the employer assesses the ability of the employee to perform his/her duties. In this context and during such period, if the employer determines that the employee is unable to perform his/her job, the employer is entitled … Continue reading

Requesting an employee to provide an explanation of his or her acts may be interpreted as a disciplinary sanction

By Judicaël Fouquet on August 17, 2015 Posted in Europe, France

The legal background French employment law strictly regulates the disciplinary power that an employer can exercise over its employees. In particular, one fundamental rule states that an employer cannot discipline an employee twice for the same fact. This means that if an employee has been disciplined for misconduct, a new sanction based on the same … Continue reading

Equal job, equal pay (and equal pay increase)

By Judicaël Fouquet on July 28, 2015 Posted in Discrimination and harassment, Europe, France

The legal context Remuneration is a fairly sensitive matter in France. Although the determination of the level of remuneration of employees is not strictly regulated (only minimum levels of remuneration are provided by the law and by the relevant collective bargaining agreement), the freedom of employers is limited by the “equal job, equal pay” principle … Continue reading

What protection do employees have against discrimination on the grounds of sexual orientation in France?

By Judicaël Fouquet on July 24, 2015 Posted in Discrimination and harassment, Europe, France

The matter of discrimination based on an employee’s sexual orientation is becoming more and more topical as the claims of the homosexual community give rise to a greater public awareness of the protection of each individual’s sexual orientation. In this respect, employees’ protection against such type of discrimination is principally ensured through the general principle … Continue reading