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.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 87

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


Law on conditions for the redeployment of employees at risk of redundancy
  • Bird & Bird
  • France
  • August 12 2010

French case law has defined a principle whereby if considering terminating employees on economic grounds, the employer must search for and propose to employees any appropriate redeployment opportunities within the company and the group to which the company belongs


Companies that issue dividends must pay their employees a profit-share bonus
  • Bird & Bird
  • France
  • October 19 2011

The amended Social Security Financing Law, adopted by Parliament on July 13 2011, entered into force on July 29 2011


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


Downsizing: solid economic justification required now more than ever
  • Bird & Bird
  • France
  • February 22 2012

A new case law trend that has recently emerged in some labour courts and courts of appeal is exposing companies to a higher risk of litigation when implementing reorganisation processes in France, especially where the reorganisation plan involves a headcount reduction


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


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


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


Collective redundancy thresholds: only employees based in France are taken into account
  • Bird & Bird
  • France
  • February 19 2009

Companies of at least 50 employees who make 10 or more employees redundant on economic grounds within a period of 30 days are required to implement a social plan known as a "plan de sauvegarde de l'emploi."


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."