Tag archives: Labour Law

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

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

Singapore: “Watershed” Amendments to Employment Legislation

Mathias GohBy Mathias Goh on Posted in Asia Pacific, Singapore
Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore. The single most significant legislative … Continue reading

Decision of the French Supreme Court of 28th November 2018 : Does it spell the doom of the gig economy?

Laure JoncourBy Laure Joncour on Posted in Europe, France
The term « gig economy » has come into use to describe segmented jobs governed by “apps”. Drivers, riders, cleaners rely on a “digital platform” to be put in contact with clients and their jobs do not seem to fall precisely within the parameters of laws designed to deal with the traditional subordination relationship of employee to … Continue reading

Dismissal for misconduct cannot be based (solely) on anonymous reports

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France, Whistleblowing
Anonymous reports have been mistrusted for a number of years in France, for historical reasons. While anonymity enables individuals to raise their voice more openly, without being the targets of retaliation measures, it can also drift into slander. This explains a specificity of French law under which whistleblowers using ethicals lines are strongly encouraged to … Continue reading

The dangerous combination of the right to disconnect and the concept of on call-duty

Laure JoncourBy Laure Joncour on Posted in Europe, France, General
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 … Continue reading

Le temps de trajet des salariés itinérants n’est (définitivement) pas du temps de travail effectif

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
La détermination du temps de travail effectif des salariés est un sujet complexe, et l’enjeu est considérable pour les salariés dans la mesure où ce temps de travail effectif a un impact direct sur leur rémunération. C’est encore plus vrai pour les salariés itinérants, dont les fonctions impliquent des temps de trajet importants (notamment entre … Continue reading

Will employers soon be under an obligation to require their employees to take holiday?

Cornelia MarquardtBy Cornelia Marquardt on Posted in Europe, Germany
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 can – … Continue reading

Issues of employment status in France

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

Employees’ freedom of speech on the Internet is not without boundaries

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Books, hotels, restaurants, products: you can find reviews and rating websites for just about everything on the internet – even employers. However, employees posting internet reviews of their employer should be careful and measured in what they say, or risk being subjected to disciplinary measures  – or even dismissal – if they abuse their freedom … Continue reading

Singapore: Legal issues commonly faced by freelancers and self-employed individuals

Mathias GohBy Mathias Goh on Posted in Asia Pacific, Singapore
An estimated 8 to 10% of Singapore’s existing workforce comprise freelancers and self-employed individuals.[1]  This percentage is likely to increase with the expansion of the gig and on-demand economy. In recent months, there has been increasing public concern as to the ‘employment’ rights and legal status of these freelancers and self-employed individuals. Are they employees … Continue reading

Lack of probity may provide grounds for dismissal for serious misconduct

Global Workplace InsiderFrançois GuillonBy Elodie Grangier and François Guillon on Posted in Europe, France
French employment courts generally subject alleged reasons for employee dismissal to close scrutiny, particularly where dismissals are based on a breach of the duty of loyalty or of probity. Such breaches only constitute valid grounds for dismissal if they are genuine and rely on objective facts and behaviour which are attributable to the employee concerned. … Continue reading

Artificial intelligence and the workplace

Global Workplace InsiderBy Pia Popp on Posted in Europe, Germany
These days especially in view of “Arbeiten 4.0”, the so called fourth industrial revolution in Germany, digitalization pervades the whole working world and is reflected in a vast number of different phenomena. As one of them artificial intelligence can complement – and in some cases even replace – manpower as we can see in the … Continue reading

Information collected via Facebook cannot – always – be used as evidence against an employee

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Technology is ever-changing, and while in the past evidence of an employee’s misconduct was based mainly on “physical” witnesses and observations, employers might now be tempted to use data obtained through social media as evidence against their employees. At the present time the French Supreme Court has not had many occasions to clarify the manner … Continue reading

Subventions du comité d’entreprise : du changement plus tôt que prévu

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Le calcul des subventions qui doivent être allouées au comité d’entreprise (qu’il s’agisse de la subvention de fonctionnement, ou la contribution aux activités sociales et culturelles) est un casse-tête chinois pour les entreprises depuis plusieurs années déjà. Ce casse-tête a été partiellement résolu par les ordonnances portant réforme du Code du travail qui ont prévu … Continue reading

Un salarié protégé peut-il contester la rupture conventionnelle homologuée dont il a fait l’objet devant le juge judiciaire ?

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France
Les salariés protégés (représentants du personnel, délégués ou représentants syndicaux, salariés mandatés, etc.) bénéficient d’un statut particulier, eu égard à leur rôle dans l’entreprise. A ce titre, toute modification, et a fortiori, rupture de leur contrat de travail doit être autorisée par l’inspection du travail. La conclusion d’une rupture conventionnelle homologuée, quand bien même il … Continue reading

French employment code reform: Focus on the social and economic committee

Global Workplace InsiderFrançois GuillonBy Elodie Grangier and François Guillon on Posted in Europe, France
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. They were supplemented by a number of … Continue reading

Recent developments in French employment law regarding financial institutions: How the French Government wants to enhance Paris’ attractiveness as a global financial place

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
Apart from certain provisions which may be tailored to the relevant situations negotiated by companies or sectors of business through collective agreements (subject to compliance with a number of basic rules and principles), French employment law does not include any specificities in relation to certain sectors of business. In particular, financial institutions are subject to … Continue reading

La présomption d’innocence peut-elle s’opposer au licenciement d’un salarié fondé sur des faits visés par une procédure pénale ?

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
La Cour de cassation a été saisie d’un dossier concernant un salarié de la société Euro Disney, qui avait été licencié à la suite de la découverte, par son employeur, et dans le cadre d’une enquête pénale, du fait que celui-ci avait acheté à l’un de ses collègues des stupéfiants. En effet, au printemps 2012, … Continue reading

French employment code reform: Focus on collective negotiation

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
On September 22, 2017, French President Emmanuel Macron 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 … Continue reading

What rights does an employer have to suspend an employee in France?

Global Workplace InsiderFrançois GuillonBy Elodie Grangier and François Guillon on Posted in Contracts, Europe, France
Under French labour law, there are limited circumstances under which employers may suspend employees. One of the main obligations imposed on employers is to provide employees with work to be performed  (and obviously to pay them in consideration for their work). Breach of this requirement may be considered as a ground for breach of contract, … Continue reading

Working as a freelancer and as an employee for the same company

Anja LingscheidBy Anja Lingscheid on Posted in Europe, Germany
In Germany, the distinction between employees and independent contractors (also referred to as freelancers) is particularly important. For example, the question of whether a person is an employee or an independent contractor determines whether they are protected against unfair dismissal and also affects how they are treated for statutory social security and income tax purposes. … Continue reading

Bill C-44 coming into force

Ryan FreemanBy Ryan Freeman on Posted in Canada, North America
The Governor General in Council has announced that the sweeping changes to the Canada Labour Code (the “CLC”), which affects federally regulated employees will come into force on December 3, 2017.  The coming into force completes the amendments that were announced in Bill C-44, the Budget Implementation Act, 2017, No. 1, after it received Royal … Continue reading

French employment code reform: Focus on economic dismissals

Global Workplace InsiderFrançois GuillonBy Elodie Grangier and François Guillon on Posted in Contracts, Europe, France
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 (the … Continue reading

French employment code reform: Focus on dismissal procedure and indemnity

Global Workplace InsiderFrançois GuillonBy Elodie Grangier and François Guillon on Posted in Contracts, Europe, France
French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in managing labour relations. Several provisions of this ambitious reform (the … Continue reading
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