Leading commentary and perspectives on employment and labor law
Under French employment law, employers are generally free to determine the remuneration package to be provided to their employees in accordance with the working of the free markets. However, such liberty is traditionally limited in particular by the principle of equal work for equal pay and the obligations relating to minimum wage.
In this respect…
The legal context
Issues regarding the ability of an employer to access messages and files exchanged by its employees using employer-supplied messaging networks or, more generally, devices placed at their disposal, occur quite frequently in the workplace and have given rise to a significant amount of case law.
In principle, and from a French employment…
The legal context
Under French employment law, employers are under a strict duty of care which requires them to ensure the protection of their employees’ health and safety (duty of care), the mere breach of such obligation will trigger their liability even if there is no fault on their part. Such duty of care is…
The matter of age discrimination is a particularly sensitive issue in France, where the relatively high unemployment rate of young and aged persons is structural.
In this context, there exist specific legal provisions particularly with regard to the employment of young workers. There is also a national-interprofessional collective bargaining agreement with respect to older workers…
General background
The principle of remuneration based on the employee’s performance has long been permitted by French employment law provided in particular that such remuneration is based on objective criteria, does not result in payment of remuneration inferior to the minimum wage and complies with the general principle of equal work for equal pay.
In…
The legal context
It is quite common for employers to include in an employment contract the possibility of unilateral waiver of the application of a non-compete obligation at the end of the employment relationship. French case law does permit such flexibility but only provided that (i) such waiver is expressly stipulated in the employment contract…
General comments
Under French employment law, employees’ representatives benefit from a right to be consulted on a very wide range of matters concerning the running of the company. In particular, the works council must be informed and consulted on any matter relating to the organisation, the management and the general running of the company, which…
The legal background
Under French employment law, part-time work is subject to specific rules the purpose of which is to ensure that employees benefit from a minimum level of stability and predictability in their working time schedule. More specifically, the relevant legal provisions state that the additional working hours that an employer can require an…
The legal context
Under French employment law, both employers and employees are under a duty of care which requires them to take health and safety considerations into account throughout the employment relationship. Although the employer’s duty of care is interpreted very extensively by case law, which does not entitle the employer to escape liability except…
Legal context
French employment law strictly prohibits acts of moral harassment within a company, employers being required to take all measures necessary to prevent such situations from occurring in the first place. Applicable sanctions in the event of breach of such prohibition can be particularly severe since the employer can face penal sanctions as well …
