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Results: 1-10 of 85

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


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


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


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


Bonuses and variable compensation must be based on objective criteria
  • Bird & Bird
  • France
  • June 15 2009

In a previous case (Cass. Soc. 27 March 2009), it was held that a collective variable compensation plan cannot provide for total discretion from the employer in terms of the payment of bonuses, requiring such bonuses to be based on rules that are defined in advance and can be monitored


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


France: employer’s efforts to accommodate employees in the context of redeployment have limits (Cass. soc., 20 January 2015, n13-25613)
  • Bird & Bird
  • France
  • March 30 2015

The Company is not bound to offer the employee posts which require completely different training. This ruling is in line with previous case law of


Focus - contractual termination and dismissal, connections and complications: clarification by the French Supreme Court
  • Bird & Bird
  • France
  • May 5 2015

Three rulings handed down on 3rd March 2015 for the first time specify the position of the Cour de cassation regarding contractual termination prior


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: monitoring of employees via cameras: continuous monitoring in areas restricted to employees.
  • Bird & Bird
  • France
  • November 21 2014

The French Data Protection Authority imposed a sanction to a Company for the continuous monitoring of certain areas of the work place that can only