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May the facilities accorded by a collective bargaining agreement allowing trade union sites to make a company’s intranet sites mutually accessible through “links” be reserved solely to those trade unions representing workers at company level?

Mayer Brown LLP
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France
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June 19 2012

The trade union “Sud Renault Guyancourt-Aubevoye”, recognised representative at the level of the Guyancourt-Aubevoye establishment was allocated an Intranet site

Can the absence of economic grounds lead to the invalidity of layoff proceedings for economic reasons initiated by an employer?

Mayer Brown LLP
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France
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June 19 2012

The company Viveo France submitted a restructuring project entailing the loss of 64 jobs and a social plan to its works council

Can the victim of an occupational accident or illness due to inexcusable fault on the employer’s part claim specific compensation for sexual impairment and temporary incapacity?

Mayer Brown LLP
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France
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June 19 2012

The employee of a temporary employment company was the victim of an accident in the course of carrying out work for one of his employer’s clients

Is an employer entitled to freely access files which an employee has stored in a folder entitled “my documents”?

Mayer Brown LLP
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France
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June 19 2012

An employee was dismissed for serious fault for having misused his personal computer by recording photographs of a pornographic nature and videos of other employees taken against their will

May an employer examine the telephone statements of a protected employee i.e. an employee protected against dismissal?

Mayer Brown LLP
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France
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June 19 2012

A protected employee brought a case before the labour court seeking a court-ordered termination of his employment contract on the basis, in particular, that his employer had not respected his status of protected employee when it consulted the list of his telephone calls made on the mobile phone with which the company had provided him

Can the reply by a former employee to a letter from the employer asking him whether she wished to avail of her priority right to reemployment be considered a request by the employee to avail of this priority right?

Mayer Brown LLP
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France
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June 19 2012

An employee hired as an assembly-line worker was laid off for economic reasons

To what degree may a social plan providing for voluntary departures not include redeployment measures?

Mayer Brown LLP
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France
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February 21 2012

In the course of reorganisation, a company outsourced one of its departments

Is the designation of a post as top management extensive?

Mayer Brown LLP
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France
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February 21 2012

A female employee taken on in the role of “manager of the men’s collection” by a company in the clothing sector with an executive status and the highest rank under the relevant collective bargaining agreement, claimed back pay for overtime after her dismissal

News flash: agreements setting up all-inclusive working time in days based on the collective bargaining agreement for the chemical industries do not meet the conditions for validity imposed by case law

Mayer Brown LLP
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France
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February 21 2012

By a ruling of 29 June 2011 (Cass. Soc. 29 June 2011, no. 09-71107), the French Supreme Court stated the principle whereby any agreement providing for an all-inclusive working time in days would have to be based upon a collective bargaining agreement whose provisions ensure that the guarantee of maximum working hours and also of daily and weekly rest periods is respected

Does a change in deployment necessarily constitute a disciplinary sanction?

Mayer Brown LLP
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France
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February 21 2012

An employee who was a tram driver was disqualified from driving trams after violating safety regulations

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