Leading commentary and perspectives on employment and labor law
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…
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…
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…
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…
The law
Under French employment law, it is possible for an employer to subject the employee to a non-compete obligation after the termination of his/her employment as long as such obligation is necessary to protect the legitimate interests of the business, is limited in terms of time and geographical scope and takes into account the…
The legal context
Under French employment law, employees’ representatives such as staff delegates or members of the works council enjoy a specific protection. In particular, if an employer wishes to dismiss such an employee, it must comply with a specific procedure which requires, inter alia, obtaining authorization from the Labour inspector. In this context, the…
The law
Under French employment law, any mistake or error made by an employee in the context of his/her employment may theoretically justify his/her dismissal for disciplinary reasons or for professional incompetence. However, when dealing with the consequences of an employee’s illness on his/her work, employers must bear in mind a series of principles applicable…
Employees’ working time is a hot topic in France, the 35 hour week being the centre piece of working time regulations in France. Although the 35 hour week has been repeatedly criticized over the years, it has remained mostly unchanged. French law also includes more specific and complex provisions for various categories of employees.
Normal…
The legal context
French employment law offers specific protection to employees’ representatives, for example staff delegates or members of the works council. Such protection exists in order to provide a safeguard against the employer inhibiting the representative from performing his/her duties. In this context, the main aspect of this protection is a requirement that a…
The legal background
In the context of an economic dismissal, even when the employer claims to have strong economic grounds for justifying the termination of the employment contracts, it is still required to comply with the general reclassification obligation applicable to all economic dismissal procedures.
Such obligation consists in trying to seek alternative positions to…
