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New proposal from Advocate-General in a matter concerning religious headgear goes against a former proposal
  • Bird & Bird
  • European Union, France
  • September 5 2016

In a new matter, the European Court of Justice has been asked by a French court if it is in accordance with EU-law, particularly Directive 200078EF


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


An employee who is victim of discrimination and moral harassment may receive double compensation (Cass. soc., 3rd March 2015, n13-23.521).
  • Bird & Bird
  • France
  • May 5 2015

For different types of prejudice there is distinct compensation. In some cases discrimination and moral harassment are intertwined, to the extent


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


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


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


Solidarity day: working on Whit Monday no longer a given
  • Bird & Bird
  • France
  • May 6 2008

“Solidarity Day” was initially instigated by a law dated 30 June 2004, which, following the deaths related to the 2003 heat-wave, required employees to work an additional day every year, the proportion of the company’s profits resulting from this additional day’s work being contributed by the company to fund assistance for old-aged and handicapped persons


Overhaul of the Labour Code
  • Bird & Bird
  • France
  • May 6 2008

Since the Labour Code in its current format was first published in 1973, new provisions have been incorporated, but the Code has never had a significant overhaul


Employment contracts with corporate officers
  • Bird & Bird
  • France
  • February 12 2007

The Cour de Cassation (21 November 2006) has reiterated the fact that an employment contract signed by a corporate officer already in office is void