France: Recent and Upcoming Labour Reforms

Several important employment law reforms have come into force recently or will come into force shortly, both at the EU and French level. Below are some of the changes to expect for 2019: ... Read more

France: Gender Pay Gap

A recent law (law n°2018-771 dated 5 September 2018) has implemented a new obligation for companies of more than 50 employees to publish each year (through their website or by any means as long as their employees are informed of… Read more

EU: draft guidelines on GDPR extra-territoriality published

On 23 November 2018, the European Data Protection Board published its draft guidelines on Article 3 of the GDPR, being the provision that sets out the territorial scope of Europe's data protection legislation. The GDPR seeks (via Article 3) to extend… Read more

France: changes to French Works Councils requirements

As a reminder, following the Macron Reforms of 22 September 2017, all companies with 11 or more employees must put in place a Social and Economic Committee (a "CSE") by 31 December 2019. This means that: companies with between 11-49… Read more

Recruitment and protection of talent: a boardroom issue for pharma

Our article Recruitment and protection of talent: a boardroom issue for pharma is available on our pharma hub here. Technological advancement is key amongst the forces driving change in the pharmaceutical healthcare sectors, with businesses increasingly partnering with non-traditional players such… Read more

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed… Read more

EU: Commission publishes draft whistleblowing directive

The European Commission has published a new draft directive to strengthen whistleblower protection across the EU.  The proposal is to provide EU-wide protection for blowing the whistle on breaches of specified types of EU legislation (for example, legislation on financial… Read more

EU: Data Use – Protecting a critical resource

Described by some as the “new oil” for the digital economy, there is no doubt that data are now seen as critical for organisations to succeed. Data are a powerful and lucrative fuel for productivity. If not adequately protected, data… Read more

France: Obligations in relation to private health insurance

An employer must give to each employee (in French) at the commencement of their employment contract an explanatory note (notice d’information) clarifying their rights to private health insurance for health expenses (additional reimbursement coverage including for medical expenses, hospital expenses,… Read more

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… Read more

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… Read more

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". ... Read more

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… Read more

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… Read more

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… Read more

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.… Read more

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… Read more

Europe: ECJ rules that obese employees may be disabled

In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail limitations amounting to a disability for the purposes of the European Directive 2000/78 establishing a general framework for equal treatment… Read more