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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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France > Legal Developments > Employment > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Newsletter December 2010: EMPLOYMENT LAW

January 2011 - Employment. Legal Developments by Bersay & Associés .

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(1) No pre-dismissal actions are possible during maternity leave (2) Putting a protected employee back into his previous position after an unsuccessful attempt to a promotion requires the employee’s agreement (3) Means of measuring the electoral base of sector-based trade unions validated by the French Constitutional Council

Legal Newsletter: EMPLOYMENT LAW

November 2010 - Employment. Legal Developments by Bersay & Associés .

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Can a disciplinary file be used to assess the professional qualities of an employee when determining the order of redundancies?

Legal Newsletter: EMPLOYMENT LAW

October 2010 - Employment. Legal Developments by Bersay & Associés .

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Can a disciplinary file be used to assessthe professional qualities of anemployee when determining the orderof redundancies? 

Legal Newsletter: EMPLOYMENT LAW

July 2010 - Employment. Legal Developments by Bersay & Associés .

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Acknowledgement of de facto termination and breaches by the employer

Flash Social (Décembre 2009)

January 2010 - Employment. Legal Developments by Bersay & Associés .

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Emploi des séniors : comment éviter la pénalité ?

Legal Newsletter: LABOUR AND EMPLOYMENT LAW

June 2009 - Employment. Legal Developments by Bersay & Associés .

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Up until now, discretionary bonuses escaped the application of the principle of “equal salary for equal work”. However, after the judgement of the Employment division of the Court of Cassation dated April 30, 2009, a bonus which is at the employer’s discretion no longer escapes the judge’s control.

Contribution by the law in favor of earned income

April 2009 - Employment. Legal Developments by Bersay & Associés .

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Law no. 2008-1258 dated December 3rd, 2008 in favor of earned income was published in the Journal Officiel on December 4th, 2008 (the “Law”).

Contribution by the law in favor of earned income

March 2009 - Employment. Legal Developments by Bersay & Associés .

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Law no. 2008-1258 dated December 3rd, 2008 in favor of earned income was published in the Journal Officiel on December 4th, 2008 (the “Law”).

LABOUR LAW NEWS

The Court of cassation continued its work of clarification, initiated last year, regarding the sensitive issue of the definition of and link between the concepts of formal acknowledgment, resignation, cancellation by the courts and dismissal.

Applications to courts for termination of an employment contract followed by dismissal

March 2008 - Employment. Legal Developments by Bersay & Associés .

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In a decision dated 15 May 2007, the French Court of Cassation ruled that
“when an employee requests the termination of this or her employment contract due to acts which he or she accuses his or her employer of having carried out, while continuing to work for the employer, and the latter then dismisses him or her, a judge must determine whether the request was justified; if so, the judge shall deem that the termination date was the date on which the dismissal letter was sent”
(French Court of Cassation (Labour and Employment Law Chamber) ruling, 15 May 2007, no. 04-43.663).

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Save-As-You-Earn (SAYE) schemes

March 2008 - Employment. Legal Developments by Bersay & Associés .

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The three major changes brought in by the Decree

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Tobacco in the workplace

December 2007 - Employment. Legal Developments by Bersay & Associés .

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Initiated with the Loi Evin and upheld by the Employment Division of the Cour de cassation in a ruling of 29 June 1995, smoking prevention efforts are stepped up with the Decree of
15 November 2006 amending Articles R.3511-1 et seq. of the Public Health Code (“PHC”) and are completed by several circular memos, specifically that of 24 November 2006 on the
fight against smoking, in particular in the workplace.

In application of these provisions, since 1 February 2007 smoking is, in principle, prohibited in all workplaces, subject to criminal prosecution.

As with any rule, this ban has certain exceptions that will be outlined below, before examining the tools made available to the employer, who becomes the main enforcer. Lastly,
failure to comply with the ban on smoking exposes both the employer and the employee to sanctions.

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Changes in dismissal practices

December 2007 - Employment. Legal Developments by Bersay & Associés .

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This summer court session resulted in some surprising rulings in dismissal cases that should lead employers to review certain practices.

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