The first COVID-19 cases appeared in France a few weeks ago and French people have been in lockdown since March 17. The repercussions of this pandemic are significant, and the Government has been authorized, by Emergency Act No. 2020-290 of 23 March 2020, to take measures through ordinances (which means that no debate is required
Comment faire face au Coronavirus en France?
Depuis le mois de janvier 2020, l’épidémie de Coronavirus COVID-19 s’est rapidement propagée à travers le monde, causant des milliers de décès.
Le Gouvernement français a réagi en plusieurs temps : après avoir émis des recommandations en matière de gestes barrière, il a ensuite pris la décision de fermer écoles et établissements accueillant des enfants,
What to expect in 2019
Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months.
The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some
FIFO worker engaged as a casual entitled to annual leave
A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement.
The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further claims by employees who are engaged as casuals but work regular and consistent hours.
Will employers soon be under an obligation to require their employees to take holiday?
Although pursuant to Sec. 7 para. 1 of the German Federal Leave Act (Bundesurlaubsgesetz) it is the employer‘s obligation to grant holidays, in practice this usually occurs only after the individual employee’s formal request for holiday leave.
In the near future, the European Court of Justice (ECJ) must decide whether or not employers
Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive
The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the
Calculating holiday pay – should voluntary overtime be included?
Over the past few years we have seen a number of cases considering what payments should be included in the calculation of holiday pay. These cases have held that commission, contractual overtime and certain allowances should all be included. The question has remained as to how voluntary overtime should be treated. A recent employment tribunal
The occurrence of willful misconduct no longer constitutes an exception to the payment of the indemnity in lieu of paid leave in France
Under French employment law, there is a classic distinction between dismissals for “gross misconduct” (faute grave) and willful misconduct (faute lourde) regarding the consequences of such misconduct for the employee. Although in both cases the employee loses his/her entitlement to a notice period and to a dismissal indemnity, an employee dismissed for
Calculating payment for untaken annual leave
The Federal Court has interpreted the statutory annual leave standard in a way which requires payment for untaken leave on termination of employment to be calculated on the most favourable basis. Somewhat unexpectedly, the relevant statutory prescription has to be read quite separately from the related sub-clause which regulates payment when the leave is actually taken.
Employees’ right to holidays in France
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