Leading commentary and perspectives on employment and labor law
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…
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:
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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…
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…
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…
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…
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.…
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…
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…
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…
