Tag archives: protection

Employers must immediately reinstate a dismissed employee when informed of her pregnancy

Pregnant employees benefit from specific and extensive guarantees against termination of their employment under French law. In particular, employers are not allowed to dismiss an employee from the moment she is medically certified as being pregnant, excepted in two limited cases: where the employee has committed an act of gross misconduct or if it is impossible to maintain her employment contract for a reason unrelated to the pregnancy or the employee’s behavior. If an employer terminates an employee in violation of such rule, the dismissal will be considered as null and void.

This protection is particularly favorable as legal provisions … Continue Reading

Misconduct of an employees’ representative in the course of his/her mandate could justify his/her disciplinary dismissal

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 Labour inspector will examine the validity of the reason given for the dismissal and verify that there is no link between the dismissal and the exercise by the employee of his/her representative role.

As a result of this protection, actions committed by an employees’ representative … Continue Reading

What protection do employees have against age discrimination in France?

The matter of age discrimination is a particularly sensitive issue in France, where the relatively high unemployment rate of young and aged persons is structural.

In this context, there exist specific legal provisions particularly with regard to the employment of young workers. There is also a national-interprofessional collective bargaining agreement with respect to older workers which recommends ensuring the compatibility of the working environment with the capacities of such workers. However, employees’ protection is principally ensured through the general principle of non-discrimination in the workplace, which prohibits any employer from treating an employee differently on the basis of certain illicit … Continue Reading

Non-pregnant employees can benefit from the protection granted to pregnant employees

The legal background

Under French employment law, pregnant employees enjoy particularly strong protection from dismissal — dismissal of pregnant employees is prohibited from the moment the employee is medically certified as being pregnant, except in the two following circumstances: gross misconduct on the part of the employee or impossibility to maintain the employment contract for a reason unrelated to the pregnancy or to the employee’s behavior. Any dismissal notified in breach of this protection will be treated as null and void.

More specifically, the Labour code provides that the dismissal of an employee is null and void when, within 15 … Continue Reading

Whistleblower protection in the Netherlands: House for Whistleblowers

Introduction

The legislative proposal known as ‘House for Whistleblowers’ is pending in the Netherlands. The proposal introduces an independent and impartial governmental institution that investigates wrongdoing and assists employees in disclosure proceedings: the House for Whistleblowers. In addition, the proposal introduces several rules to protect whistleblowers. The situation under current Dutch law and under the House for Whistleblowers Act will be described below.

Current protection under Dutch law

In the Netherlands there is currently no specific legislation on whistleblowing. Protection of employees depends largely on self-regulation. Under the Dutch Corporate Governance Code, companies listed on the stock exchange must have … Continue Reading

Whistleblowing: what protections do employees have?

French employment law does not provide for a comprehensive and consistent set of rules for the purpose of protecting whistleblowers. Instead, French employment law tackles issues arising out of whistleblowing situations through a relatively meagre set of legislative provisions resulting principally from recent awareness on the subject.

Specific regulations: limited protection

Under currently applicable legislation (which is quickly evolving), no employee can be disciplined, dismissed or discriminated against for having reported, in good faith, the following:

  • Moral and sexual harassment;
  • Discrimination;
  • Corruption;
  • Facts representing a serious risk to public health or environment;
  • Facts relating to the safety of certain pharmaceutical
Continue Reading
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