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Results: 1-10 of 85

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


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: constructive unfair dismissal: impact of the employer’s breach
  • Bird & Bird
  • France
  • November 21 2014

In two consecutive rulings the French Supreme Court has stated that in order to justify constructive dismissal the employer's breach alleged must


France: co-employment in the context of redundancies: liability of the mother company
  • Bird & Bird
  • France
  • November 21 2014

The French Supreme Court has extended the employer's responsibility of the mother company over the employees of a subsidiary to certain cases of


Sex, lies and employees: pornography in the workplace
  • Bird & Bird
  • France
  • December 7 2011

Under French law, employers must tolerate employees' reasonable personal use of IT systems


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


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


Taking annual leave without the employer's authorisation is not necessarily misconduct
  • Bird & Bird
  • France
  • October 9 2007

Labour code provisions stipulate that the employer define dates on which its employees may take annual leave within the annual holiday period


A trade union body is wellfounded to request that a shortterm contract be reclassified as a permanent contract before the Tribunal d’instance in the context of an electoral dispute (Cass. soc., 17th December 2014, n14-13.712 and 14-60.511).
  • Bird & Bird
  • France
  • May 5 2015

In principle, the power to reclassify a short-term contract as a permanent contract falls under the aegis of the Industrial Tribunal (C. trav., art


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