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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

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

Time off for representative duties

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

Travel time during normal working hours in the performance of representative duties is allocated as time off for representative duties, unless

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

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

France: settlement agreement: signature after a mutual consent termination agreement (“rupture conventionnelle”)

  • Bird & Bird
  • -
  • France
  • -
  • November 21 2014

In a decision dated 26 March 2014, the French Supreme Court, for the first time, ruled that a settlement agreement can be signed in case of a mutual

Disciplinary action is limited by the terms of internal regulations

  • Bird & Bird
  • -
  • France
  • -
  • June 3 2011

In a recent case (Cass Soc 26102010, n 09-42.740) the Cour de Cassation held that a company can apply only disciplinary measures that are expressly provided for in its internal regulations

Notice for a pre-dismissal meeting

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

Article L. 122-14 of the Labour Code stipulates that a pre-dismissal meeting with an employee must not take place less than 5 weekdays after the presentation of the registered or hand-delivered invitation to the employee

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

Decree enforcing smoking bans in the workplace

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

As across Europe, France has seen new legislation passed banning smoking in public places