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Results: 1-10 of 89

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


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: 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


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


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


The right to days off in lieu continues during notice period even when not worked
  • Bird & Bird
  • France
  • June 15 2009

The Cour de Cassation has gone further than previous cases which have held that employees are entitled to the same salary during their notice period paid in lieu as they would have been if they had worked, holding that RTT days off in lieu granted for hours normally worked between 35 and 39 hours per week should continue to be paid even if the employee does not work the notice period


Trial period - pregnancy and termination
  • Bird & Bird
  • France
  • February 12 2007

The Cour de Cassation (21 December 2006) held that the provisions of the Labour Code, (Article L. 122-25-5) which prescribe that dismissals of pregnant employees (as well as employees who find out that they are pregnant within 15 days of receiving notice of dismissal) are to be held void, do not to apply to the termination of an employment contract within the initial probationary period


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


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


Trade unions and CE: capacity to act
  • Bird & Bird
  • France
  • February 20 2015

The CE has no capacity to petition for implementation of a collective agreement, such action being reserved for employees and employee