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Results: 1-10 of 93

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


France: A European View on Employment Law
  • Bird & Bird
  • France
  • July 1 2016

French employment law is in favour of protecting employees. However, in reality, provided the correct procedures are followed, and given the recent


In the event of dismissal for wilful misconduct, employees now have the right to receive compensatory pay in lieu of vacation
  • Bird & Bird
  • France
  • March 10 2016

Until now employees dismissed for wilful misconduct were denied the right to take compensatory pay in lieu of vacation, pursuant to Article L


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


No impact of a general waiver clause in a settlement on the employee's rights over stock options (Cass. soc., 11th March 2015, n13-25828)
  • Bird & Bird
  • France
  • May 5 2015

By this ruling, the Court states that, unless express provision is made to the contrary, the potential rights which the employee may hold under stock


Non-competition clause: detail regarding financial consideration (Cass. soc., 11th March 2015, n13-23.866)
  • Bird & Bird
  • France
  • May 5 2015

An employee resigned on 20th July 2009. The person was excused from serving the notice period, which was however remunerated. The compensating



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


Suspension as a safeguard measure is possible, even when decided after the preliminary interview (Cass. soc., 4th March 2015, n13-23.228)
  • Bird & Bird
  • France
  • May 5 2015

In principle, suspension as a safeguard measure is notified at the same time as summons to the preliminary interview. The Court has, however, made


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