Jurisdiction: France

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

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

France: Employees’ right to disconnect from IT devices – new provisions in force from 1 January 2017

The French government has recently passed a wide set of employment law reforms, as part of the Labour Act (the "loi Travail", Loi n° 2016-1088 8 August 2016) also referred to as the "El Khomri law" (named after Employment Minister Myriam El … Continue reading

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Filed under Jurisdiction: France

UK: HSF Global Guide to Whistleblowing

Herbert Smith Freehills has published the first edition of a Global Guide to Whistleblowing, providing a quick reference guide to the law and culture around employees 'blowing the whistle' in 40 key jurisdictions covering in EMEA, the Americas and Asia … Continue reading

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Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, Resources, Whistleblowing

France: Macron law adopted

Law n°2015 990 for growth, activity and equality of economic opportunities, the Macron Law, was finally adopted on 6 August 2015. This law covers a wide range of matters from Sunday working, reform of regulated legal professions to driving licences.

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

France: Introduction of a cap for Employment Tribunal awards

The French Government has proposed a new law intended to cap tribunal damages awards in respect of unlawful dismissals. The bill has not yet been finally adopted but is close to finalisation. Due to its highly political nature, it is … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: France, Workplace culture, diversity and discrimination (including bullying and harassment)

Updated HSF multi-jurisdictional guide to employee issues in business transfers

We have recently updated our multi-jurisdictional guide discussing potential employee issues in business transfers (first published in October 2013). The second edition reflects the law as at February 2015. The guide is a quick reference tool covering the key legal … Continue reading

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Filed under Business sales/transfers, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK

France: New proposals to simplify employee representation

The French Government has proposed a new law intended to simplify employee representation. The key proposals are as follows:

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France