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 […]

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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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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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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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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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Cheerleaders in California are Now Considered Employees

Friday, September 11, 2015 | Published by

In response to a major class action lawsuit in the case Lacy T. et al. v. the Oakland Raiders, California has become the first state in the country to recognize cheerleaders as “employees”. Background The plaintiffs in Lacy T. et al. accused the NFL franchise of wage-violations and other unfair employment practices. Under their contracts, […]

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New Court Ruling Impacts Holiday Pay Calculations

Friday, December 12, 2014 | Published by

The UK Employment Appeal Tribunal (EAT) recently issued a landmark ruling regarding holiday pay calculations for employees who work overtime.1 Background The claimants worked under the terms of a national agreement which provided for a 38 hour work week over 5 working days. The agreement also allowed for a night shift work week – 38 […]

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China’s New Guidelines on Work-Related Injuries

Monday, November 10, 2014 | Published by

China’s Supreme People’s Court recently announced new guidelines for work-related injuries in social insurance cases, known as the Rules on Work-Related Injuries Insurance (hereinafter, Rules) which entered into effect on 1 September 2014.1 The Rules are welcomed by many employers, considering the past difficulties in trying to determine the party responsible for work-related injuries. Thus, […]

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