Leading commentary and perspectives on employment and labor law
The legal context
The “forfait-jours” is a particular method of organization of working time which allows the employer to calculate the employee’s working time as a number of days worked over the year rather than a number of hours over the week. This system is advantageous for employers, particularly due to the fact that regulations …
The legal principles
All employees are granted a right to benefit from access to professional training in the course of their employment. In this respect, the French Labour Code states that the employer must ensure the employees’ adaptation to their job position and must secure the maintenance of the employees’ capacity to perform their tasks, …
Under French law, all employees are granted a right to paid annual leave, which consists of a statutory minimum number of days subject to any more favourable provisions applicable under any collective bargaining agreement to which the employer (or the sector of business in which the employee is active) is party, the employer’s internal practices …
The legal context
Under French law, an employee’s remuneration is protected and the ability of an employer to deduct amounts owed to it by an employee from such employee’s remuneration is quite limited.
At least in theory, the offsetting of an employee’s debts to his/her employer against the employee’s remuneration is possible provided that the…
The legal background
French case law has always considered that both employer and employee are under an implied duty of loyalty which pervades the entire employment relationship. It follows from this general obligation of loyalty that the employee is required to serve his/her employer’s interest. As a result, the employee is subject to the obligation …
French employment law does not 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 meagre set of legislative provisions resulting principally from recent awareness on the subject.
Specific regulations: limited protection
Under currently applicable legislation …
The legal background
The issue of compensating the cost of expensive training provided to an employee is a well-known and legitimate concern for any employer who wishes to maintain the profitability of its business. However, in considering whether or not to provide such training in light of the cost of doing so, employers should take …
The legal context
In the context of intra-group mobility, it is common practice to transfer an employment contract from one company to another one within the same group. Usually, this transfer consists in the termination by mutual agreement between the employee and his/her initial employer followed by the conclusion of a new employment agreement with …
