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Results: 1-10 of 56

Vidéosurveillance : détournement de la finalité déclarée à la CNIL : sanctions pénales et indemnités pour préjudice moral. (cour d'appel de Paris, 24 Février 2015)

  • Bird & Bird
  • -
  • France
  • -
  • April 7 2015

Par un jugement du 24 février 2015, la Cour d’appel de Paris a prononcé des sanctions pénales à l’encontre du restaurant la Closerie des Lilas et

France: consultation of SMS messages exchanged via a professional mobile phone (Cass. Com., 10 February 2015, n13-14779; Cass., soc., Avis 13 November 2014 n1314779)

  • Bird & Bird
  • -
  • France
  • -
  • March 30 2015

SMS messages sent or received by an employee using a mobile telephone made available by the employer for professional use are presumed to be

France: exemption from notice period: attention to the non-compete clause cancellation period (Cass. Soc. 21 January 2015, n13-24471)

  • Bird & Bird
  • -
  • France
  • -
  • March 30 2015

If the employer wishes to waive the application of a non-compete clause, the employer must inform the employee who is dismissed and exempted from

France: dismissal letter burden of proof of dispatch (Cass. Soc. 5 November 2014, n 13-18.663)

  • Bird & Bird
  • -
  • France
  • -
  • March 30 2015

Should the employee dispute receipt of the letter of dismissal, the burden of proof rests on the employee. In the case in question, the employee

France: obligation of internal redeployment in the event of redundancy: redeployment offers must be firm ones and guarantee redeployment (Cass. soc., 28 January 2015, n 13-23440)

  • Bird & Bird
  • -
  • France
  • -
  • March 30 2015

The legal requirements are not fulfilled by offers of internal redeployment within the Group which are sent to the employee subject to approval by

France: employer’s efforts to accommodate employees in the context of redeployment have limits (Cass. soc., 20 January 2015, n13-25613)

  • Bird & Bird
  • -
  • France
  • -
  • March 30 2015

The Company is not bound to offer the employee posts which require completely different training. This ruling is in line with previous case law of

Dismissal letter: burden of proof of dispatch

  • Bird & Bird
  • -
  • France
  • -
  • February 20 2015

Should the employee dispute receipt of the letter of dismissal, the burden of proof rests on the employee. In the case in question, the employee

Focus - sectoral advantages arising from collective agreements: reversal of case-law by the Chambre Sociale Labour Chamber (Cass. soc., 27 January 2015)

  • Bird & Bird
  • -
  • France
  • -
  • February 20 2015

Differences in treatment of professional categories arising from collective agreements or conventions negotiated and signed by representative trade

PSE employment protection plan: increase in planned number of redundancies during the consultation process

  • Bird & Bird
  • -
  • France
  • -
  • February 20 2015

Direccte could not approve the Barclays Bank PSE since the number of redundancies planned increased during the consultative process and the CCE

Trade unions and CE: capacity to act

  • Bird & Bird
  • -
  • France
  • -
  • February 20 2015

The CE has no capacity to petition for implementation of a collective agreement, such action being reserved for employees and employee