Jurisdiction: France

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 Jurisdiction: France, TUPE

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 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, TUPE

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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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 Employment law reforms, Jurisdiction: France

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 Discrimination and equal pay, Employment law reforms, Employment tribunal process, Jurisdiction: France

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 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, TUPE

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 Employment law reforms, Jurisdiction: France, Trade unions and works councils

France: Alerting employees to heightened risk of ‘fake chairperson’ frauds

“Fake Chairman” frauds follow roughly the same scenario: the author of the fraud impersonates the Chairman or another senior employee or director of the company (for example by appearing to use their e-mail address), and asks an employee (usually working … Continue reading

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France: Transfer of employees between group companies – an update

1.    Previous practice Previously, transferring French employees to another group company (whether in France or overseas) with their consent was a fairly simple process, involving a simple tri-partite agreement between the employee, the existing group company in France and the … Continue reading

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Filed under Jurisdiction: France, TUPE