contractual obligations

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Carrying out investigations to determine violations of compliance rules can cause considerable costs for companies. In a recent decision, the German Federal Labor Court (BAG, 29.4.2021 – ref. 8 AZR 276/20) has now clarified the circumstances in which an employee must bear the costs of investigations in connection with allegations of breach of compliance rules by that employee.

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…