Marie-Thérèse Eugénio

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COMMENT GERER AU MIEUX LE CSE DANS LES TRANSACTIONS COMMERCIALES

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in General
En matière sociale, l’un des points clés à prendre en considération dans les transactions commerciales, en particulier dans les transactions internationales, est l’implication éventuelle du comité social et économique (“CSE”).  C’est en effet un sujet à ne pas négliger compte tenu des pouvoirs importants attribués au CSE et de l’impact qu’une procédure d’information et de … Continue reading

CORPORATE TRANSACTIONS: DO NOT UNDERESTIMATE THE FRENCH WORKS COUNCIL

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in General
One of the main employment aspects to be taken into consideration in corporate transactions, in particular in multijurisdictional ones, is the potential role of the works councils.  This is a particularly hot topic when it comes to France where the social and economic committee (known as the CSE) has important powers and its involvement can … Continue reading

What happens a firm’s internal regulations following a TUPE transfer ?

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
Under French employment law, the application of TUPE regulations triggers specific consequences not only with regard to an employee’s employment contract, which is transferred automatically by operation of law, but also on the employees’ collective status. In this respect, a recent decision of the French Supreme Court has specified what happens to a company’s internal … Continue reading

Can a dismissal letter be signed by an individual belonging to a holding entity?

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
Dismissal procedures are highly regulated in France including with respect to the identity of the individual who is entitled to conduct the procedure and sign the dismissal letter; such person must -by definition- be the “employer” .  However, some flexibility has been introduced over the years by French case law, and a recent decision of … Continue reading

Tort liability: other grounds for bringing actions against a parent company in French employment litigation

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
It is a fact of life in French employer-employee relations that employees have no hesitation in bringing actions against their employer, in particular following termination of an employment, and that litigation is therefore not just a virtual weapon. Not only do employees sue their employer but, where the employer is a part of a group … Continue reading

Issues of employment status in France

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading
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