Lessons from Recent Reforms to French Labour Law

Wednesday, August 24, 2016 | Published by

The El Khomri Law (“loi Travail”), published on 8 August 2016, contains the most recent reforms to French labour law. The law, introduced by Labour Minister Myriam El Khomri in February 2016, was subject to extensive debate, both within society and before both houses of the French parliament. France has not been isolated in such […]

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A Slap in the Face in the Workplace: Implications for Employers and Employees

Thursday, July 7, 2016 | Published by

French employment law requires proportionality in implementing disciplinary measures. In other words, the employer must take into account not only the reproached facts, but the context in which the misconduct was committed, before enacting a sanction. The circumstances will determine the degree of the employee’s fault/liability. The judge has the power to annul disciplinary measures […]

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French Dismissal Procedure Questioned

Thursday, June 16, 2016 | Published by

In order to end an employment contract, French labor law requires employers to follow a particular multi-step procedure. Firstly, the employer has to summon the employee to a preliminary interview. This interview cannot take place less than five days after the employee has received the convocation letter. Such a delay aims at allowing the employees […]

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Sick or Sick of Work?

Tuesday, May 31, 2016 | Published by

The burnout syndrome has been well known for several years now. An increasing number of employees have already felt its symptoms, such as ongoing or intense stress at work, chronic fatigue, anxiety, headaches, emotional upsets, etc. This illness can be quite costly for both companies and the State. Indeed, when an employee cannot work anymore, […]

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Vomiting during a presentation causes a reasonable ground for termination?

Thursday, April 28, 2016 | Published by

Giving a presentation brings so much tension to an employee, that it causes a physical reaction (vomiting) as a result of which the presentation must be stopped. As a result of this incident, the employer (Grolsch, a Dutch beer brewery) requested termination of the employment agreement based on a disturbed working relationship. The court ruled […]

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Tracking Employees by GPS: A Dangerous Road for Employers

Thursday, March 31, 2016 | Published by

In today’s world, employers have access to otherwise inaccessible information. Many employees now have cell phones, laptops, or other technical devices to increase efficiency. Some employers monitor their employees’ productivity through smartphone apps. On several occasions, Courts in the United States have ruled on the issue of GPS tracking in criminal matters and its compatibility […]

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Monitoring Employee Communications

Thursday, January 28, 2016 | Published by

A recent decision of the European Court of Human Rights (“the ECHR”), Bogdan-Mihai Bărbulescu c. Romania (“Bărbulescu”), serves as an important reminder to employers of the extent to which they may monitor their employees’ private life and communications. Background Bogdan-Mihai Bărbulescu was employed as an engineer in charge of sales at a private company (“the […]

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Mussels, Frites, Bruges and Beer

Friday, January 8, 2016 | Published by

Mussels, frites, Bruges and beer. Whilst this is certainly not all that Australians know about Belgium, these four things featured prominently in discussions with colleagues and friends about my then upcoming secondment to Brussels. Perhaps this is unsurprising given that in some circles moules-frites (or moules et frites in French) is considered Belgium’s national dish, […]

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Religious Symbols in the Workplace

Friday, December 18, 2015 | Published by

There is extensive case law, including in the European Court of Human Rights (“ECHR”), which considers the balance between, on the one hand, the right of an employee to freely express his religious beliefs, and, on the other hand, the principles of secularism and neutrality applicable in a particular State. However, the vast majority of […]

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ECJ invalidates Data Transfer Pact between U.S. and Europe

Monday, October 26, 2015 | Published by

On Tuesday 6 October 2015, the European Court of Justice (ECJ) issued a landmark ruling against the transfer of personal data from Europe to the United States.[1] This ruling invalidates European Commission Decision 2000/520, which provided a legal basis for the transfer of personal data from the European Union (EU) to undertakings established in the […]

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