France Adopts new Dispositions on Whistleblowers and Class Actions

Wednesday, November 30, 2016 | Published by

Whistleblowers On November 8, 2016, the French Parliament passed a law reinforcing the whistleblower’s status. In so doing, France finally caught up with other European countries. Definitions The law defines the whistleblower as an individual (1) who selflessly and in good faith (2) reveals or reports (3): a crime or an offense (i) ; a […]

+ Read more

Extended Employment Contractual Notice Period Clauses

Monday, October 31, 2016 | Published by

Background Currently, there is a trend amongst corporations utilizing extended employment contractual notice period clauses as a strategy to retain key employees. Extended notice periods are gaining popularity in all parts of the globe including Switzerland, South Africa, India and Hong Kong. Where talent is limited and the market is competitive, specifically executives and industry […]

+ Read more

In France, the cost of living may justify unequal treatment within a company

Friday, September 30, 2016 | Published by and

Pursuant to a recent decision by the French Supreme Court, the cost of living is now among the factors justifying a difference in the remuneration of employees in a given company in France. Principle of “equal work, equal pay” In France, the principle of “equal work, equal pay” is an expression of the longstanding notion […]

+ Read more

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 […]

+ Read more

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 […]

+ Read more

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 […]

+ Read more

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, […]

+ Read more

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 […]

+ Read more

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 […]

+ Read more

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 […]

+ Read more