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  • Article

    Clarity At Last In French Unfair Dismissal Cases

    Employers are relieved! One of the most talked-about provisions of the Macron ordinances has been confirmed as valid by the French Court of Cassation (Supreme Court).
    FranceEmployment and HR
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    What Do You Need To Think About When You Consider Dismissing An Employee In France ? (Video)

    What Do You Need To Think About When You Consider Dismissing An Employee In France ? (Video)
    FranceEmployment and HR
    Flichy Grangé Avocats
    Flichy Grangé Avocats
  • Article

    French Supreme Judicial Court Rules That Employee's Personal Information Processed Before CNIL Registration Cannot Be Used As Evidence To Support Employee Dismissal

    This decision overturns a 2009 decision, in which an appellate court decided that personal data processing that enables the employer to monitor employee email did not disqualify the evidence.
    FrancePrivacy
    Jones Day
    Jones Day
  • Article

    An Advance Warning Can Render A Dismissal Unfair

    An HRD called an employee to warn him that he was going to receive his official dismissal letter. The employee then challenged his dismissal, stating that he had been dismissed...
    FranceEmployment and HR
    L&E Global
    L&E Global
  • Article

    Benefits Of Social Plan And Merger : Which Rules Apply? (Cass. Soc., 14 Avril 2021, N°19-19.050)

    An employee dismissed for economic reasons, following the transfer of his employment contract, must be able to benefit from the measures provided for in the social plan being drawn up in the absorbing company.
    FranceEmployment and HR
    Coblence Avocats
    Coblence Avocats
  • Video

    Les mauvais résultats d'une campagne d'influence ne justifient pas la résiliation du contrat. (Video)

    Les mauvais résultats d'une campagne d'influence ne justifient pas la résiliation du contrat.
    FranceEmployment and HR
    INFLUXIO Lawyers
    INFLUXIO Lawyers
  • Article

    What the New French President Means for Employers

    Emmanuel Macron views liberalizing French employment law as a priority. To achieve that effect, he plans to amplify the actions initiated in 2015 (the Rebsamen and Macron laws) and in 2016 (the El Khomri law).
    FranceEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Dismissal Of An Employee For Making Racist Or Xenophobic Comments In A Private Context Is Deemed Unfair

    An employee was dismissed for serious misconduct for having sent an email from her professional email account to other employees.
    FranceEmployment and HR
    L&E Global
    L&E Global
  • Article

    Macron's Copernican Revolution: French Labour Law Reform

    French president Emmanuel Macron, true to his election commitment, has published decrees seeking to implement major liberalising reforms of French labour law.
    FranceEmployment and HR
    iGlobal Law
    iGlobal Law
  • Article

    Macron Scale Of Damages For Unfair Dismissal: The Lower French Industrial Tribunals Strike Back

    The Paris and Reims courts of appeal are expected to take a position on the Macron scale on 25 September 2019.
    FranceEmployment and HR
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Social Reforms Announced By Emmanuel Macron's Government

    The government has issued these ordinances, and they are likely to be adopted around the end of September.
    FranceEmployment and HR
    Jones Day
    Jones Day
  • Article

    Want To Go Abroad? Better Know The Language

    This week’s decision, dated 10 May 2012), concerned an employee dismissed for economic reasons who claimed unfair dismissal on the grounds that his employer had not complied with its obligation to offer him alternative positions.
    FranceEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "High" In The Sky In France: Grounds For Dismissal For Serious Misconduct

    In the very recent decision, dated 27 March 2012, a member of the aircraft crew working for an airline company was dismissed for serious misconduct because he took drugs while he was on stopover between two flights.
    FranceEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Recent Case Law | Challenges To The Mandatory Indemnity Scale For Unfair Dismissals

    One of the Macron ordinances of September 2017 set up a compensation scheme in the event of dismissal without a real and serious cause
    FranceEmployment and HR
    Flichy Grangé Avocats
    Flichy Grangé Avocats
  • Article

    Unfair Dismissal: Green Light For The ‘Macron Scale'

    The 'Macron scale' used in France to calculate compensation for unfairly dismissed employees has been ruled compatible with the International Labour Organization Convention on Termination of Employment.
    FranceEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    ‘Neutral' Appearance Requirement For Employees Gets A Conditional Green Light In France

    The French Cour de Cassation has ruled that employers can only prevent employees from wearing visible signs of their political, philosophical or religious affiliation in the workplace
    FranceEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    France's Employment Reforms To Go Into Effect In September

    As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after ...
    FranceEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Dismissal On Disciplinary Grounds: Beware Of The Timeline For Notification Of The Dismissal

    With respect to dismissals on disciplinary grounds, the one-month period for notifying an employee of his/her dismissal is counted from date to date.
    FranceEmployment and HR
    Soulier Avocats
    Soulier Avocats
  • Article

    Employers Cannot Prevent Men Having A Hairstyle Allowed For Women

    The Air France cabin crew dress code permitted women who had braided hair to wear it tied up in a chignon. This option was not offered for men, who were required to wear their hair neatly...
    FranceEmployment and HR
    Ius Laboris
    Ius Laboris
  • Article

    The Unlawfulness Of A Ground For Dismissal "Contaminates" The Other Grounds For Dismissal

    In a decision issued on June 29, 2022[1], the Cour de Cassation (French Supreme Court) applied for the first time the principle of "contaminating ground for dismissal" in the context...
    FranceEmployment and HR
    Soulier Avocats
    Soulier Avocats

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