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
Judicaël Fouquet
What are the latest developments on whistleblowing in the workplace?
By Judicaël Fouquet on
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…
What measures are in place (or being proposed) to address gender pay inequality in the workplace in France ?
By Judicaël Fouquet on
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…
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
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…
To what extent can employers be held vicariously liable for the acts of their employees and others in France?
By Judicaël Fouquet on
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.
The precious help of the occupational health physician in dismissal for disability procedures
By Judicaël Fouquet on
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…
Is it possible for employers to change the terms of employment contracts in France?
By Judicaël Fouquet on
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…
Employers must immediately reinstate a dismissed employee when informed of her pregnancy
By Judicaël Fouquet on
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…
What protection do employees have against racial discrimination in France?
By Judicaël Fouquet on
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 …
The severe sanction applicable to provisions entitling employers to waive a non-compete clause at any time
By Judicaël Fouquet on
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…