Jurisdiction: France

France: The Loi Travail – Briefing 4

This briefing summarises the Macron reforms in relation to the introduction of a new codified right to make collective terminations by agreement (outside of a social plan). This is a change from the current situation, permitted by case law, where … Continue reading

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Filed under Jurisdiction: France, Redundancy

France: The Loi Travail – Briefing 3

This briefing summarises the Macron reforms in relation to the simplification of redundancy processes: limiting the economic difficulties test to the business sector in France exclusively; refining what is a business sector; reducing the redeployment obligations – limiting these to … Continue reading

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Filed under Jurisdiction: France, Redundancy

France: The Loi Travail – Briefing 2

This briefing summarises the Macron reforms to consolidate works councils and other employee representative bodies, through the ordonnance on “the new organisation of social and economic dialogue and encouraging the exercise and importance of trade union responsibilities”.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France, Workplace Health and Safety

France: The Loi Travail – Briefing 1

This is the first of our detailed briefings in relation to the Macron labour law reforms and will cover the subject of caps on tribunal damages. Budgeting for a dismissal? This is one of the reforms which has generated the … Continue reading

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Filed under Jurisdiction: France, Termination of employment

France: The Loi Travail – Introduction

One of Emmanuel Macron’s key campaign promises was the reform of laws relating to employees partly, in order to help French companies respond in a more flexible manner to the challenges they are facing to become more competitive in the … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France, Redundancy, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

France : New rules on unemployment benefits (convention d’assurance chômage)

On 14 April 2017 the latest unemployment insurance agreement (convention d’assurance chômage) was agreed by trade unions and employers’ organisations and entered into for a period of 3 years. The provisions of this agreement come progressively into force from 1 … Continue reading

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Filed under Jurisdiction: France, Remuneration (including bonus and incentive plans)

EU: Article 29 Working Party provides guidance on processing of employees’ personal data at work

Modern technology enables employees to be tracked over time, across workplaces and their homes, through many different devices, such as smartphones, desktops, tablets and wearable devices. If there are inappropriate limits to the processing, and if it is not transparent, … Continue reading

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Filed under Data protection and privacy, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Spain, Jurisdiction: UK

Europe: Statutory holiday pay claims- EU Advocate-General publishes opinion on workers denied paid holiday

The ECJ Advocate-General has given his opinion in King v The Sash Window Workshop that employers must make ‘adequate facilities’ (eg, contractual rights or administrative procedures) available to workers in order that they can take annual leave. If those facilities … Continue reading

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Filed under Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: UK, Working hours (including holiday, sick leave, overtime, rest breaks)

France: New obligation in relation to the social security coverage of employees seconded to work in France

In principle, an employee is covered by the social security regime which is applicable in the country where he is carrying out his work – ie, employees working in France should in principle be covered by the French social security … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: France, Remuneration (including bonus and incentive plans)

France: Important new decision in relation to the automatic transfer of employees

The French Supreme Court has recently issued an important new decision relating to the automatic transfer of employees in the case of asset transfers (the equivalent of the TUPE relations). In this decision the Supreme Court held that the transfer … Continue reading

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Filed under Business sales/transfers, Jurisdiction: France