The basic working time arrangement in France is 35 hours per week, and although there are a number of alternative working time arrangements potentially available, this is still the one that applies to the majority of French employees. However, this is not a maximum working week – employees working beyond that amount are entitled to
employer's liability
The beginning of a revolution (by the French lower courts) ?
French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations.
One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting…
The dangerous combination of the right to disconnect and the concept of on call-duty
French law implemented in 2017 the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours.
The purpose of this legislation is to protect the employees’ work-life balance and their right to rest periods.
The law did not provide details of how employers should implement the…
Tort liability: other grounds for bringing actions against a parent company in French employment litigation
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…
Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany
German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists…
Criminal Finances Act 2017 – Employers liability
The Criminal Finances Act 2017 came into force in the UK on 30 September 2017. It introduces new corporate criminal offences of failing to prevent an employee, agent or any other person who is performing services for the organisation from criminally facilitating the evasion of tax, whether the tax is owed in the UK or…
Significant changes to French employment code to enter into force no later than January 1st, 2018
French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were immediately published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in labour-management relations.
Several provisions of this ambitious reform –…
Mitigation Income and Wrongful Dismissal Damages – The Court of Appeal Muddies the Waters
The Wrongful Dismissal – What Happened?
Esther Brake worked for McDonald’s for over twenty-five years, first in Cornerbrook, Newfoundland, and then as a restaurant manager in Ottawa. She had received nothing but excellent reviews for years, but in 2011 she was suddenly told her performance was inadequate and that she had two options: accept a…
What French employers must do in case of heatwave?
Summer is coming and temperatures are rising and may become unbearable, especially for these employees working outdoors / performing manual labour.
Too much warmth can affect employees and can cause exhaustion, headache, fainting, or dehydration. Therefore the impact on employees’ health can be significant.
From a French employment law perspective, employers have a very general…
Le devoir de vigilance : une obligation renforcée
L’obligation de vigilance est une obligation faite aux entreprises de prévenir les risques sociaux, environnementaux et de gouvernance lié à leurs activités. La loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, publiée le 28 mars 2017 au Journal Officiel, renforce l’obligation de vigilance.
Le…