We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 41

Sex, lies and employees: pornography in the workplace

  • Bird & Bird
  • -
  • France
  • -
  • December 7 2011

Under French law, employers must tolerate employees' reasonable personal use of IT systems

Isolated fact may be sexual harassment even if it takes place outside the workplace

  • Bird & Bird
  • -
  • France
  • -
  • May 16 2012

A manager (the director of a bank) had set up a professional meeting with one of his female employees outside regular work hours in a hotel room

Serious misconduct is no longer defined with reference to the absence of notice period

  • Bird & Bird
  • -
  • France
  • -
  • February 5 2008

Previous Cour de Cassation case law defined serious misconduct as "an event generated by the employee which constitutes a breach of the obligations resulting from the employment contract or relationship, which is so serious that it prevents the employee being maintained within the company for the duration of their notice period."

New tax credit for competitiveness and employment (CICE)

  • Bird & Bird
  • -
  • France
  • -
  • February 26 2013

The third amended Finance Act for 2012 set up a new tax credit "credit for competitiveness and employment" - "Crédit d'impôt pour la

Courts provide clarification on paid holiday

  • Bird & Bird
  • -
  • European Union, France
  • -
  • July 18 2012

Recent judgments passed down by the European Court of Justice and the Supreme Court could have a significant impact on French employment laws, specifically on the accrual of paid holiday, the effect of sick leave on holiday entitlement and the obligation to ensure that employees are able to take paid holiday

Taking annual leave without the employer's authorisation is not necessarily misconduct

  • Bird & Bird
  • -
  • France
  • -
  • October 9 2007

Labour code provisions stipulate that the employer define dates on which its employees may take annual leave within the annual holiday period

An employee cannot be dismissed for false accusations of harassment and bullying, unless it can be shown that the claims were made in bad faith

  • Bird & Bird
  • -
  • France
  • -
  • June 15 2009

The Cour de Cassation has confirmed the full force of anti-retaliation rules under French law which apply to victims of harassment, holding that an employee who brought a false claim against their employer for bullying and harassment cannot be disciplined, dismissed, or suffer discriminatory measures, in particular in terms of compensation, training, redeployment, promotion or renewal of their employment contract, for having claimed to have suffered harassment, despite the fact that the claims made could not be substantiated

Trial period - pregnancy and termination

  • Bird & Bird
  • -
  • France
  • -
  • February 12 2007

The Cour de Cassation (21 December 2006) held that the provisions of the Labour Code, (Article L. 122-25-5) which prescribe that dismissals of pregnant employees (as well as employees who find out that they are pregnant within 15 days of receiving notice of dismissal) are to be held void, do not to apply to the termination of an employment contract within the initial probationary period

Employees who accept personalised redeployment agreement can still dispute the grounds of their termination

  • Bird & Bird
  • -
  • France
  • -
  • May 6 2008

An employee terminated on economic grounds in a company with less than 1,000 employees or in the process of winding up must be offered a personalised redeployment agreement ("convention de reclassement personnalisé" (CRP)) at the time of their preliminary meeting (companies with more than 1,000 employees are required to implement redeployment leave provisions

The employer's redeployment obligations in the event of redundancy cannot be limited by employees' refusal in principle before any concrete proposal is made

  • Bird & Bird
  • -
  • France
  • -
  • June 15 2009

In the event of redundancies on economic grounds, the employer has an obligation to propose any available positions within the company and even the group for redeployment. Consistent case law requires any available positions abroad to also be offered