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Results: 1-10 of 85

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


Flash: administrative guidance on the implementation of a personal prevention of difficult working conditions account in 2015
  • Bird & Bird
  • France
  • May 5 2015

The General Labour and Social Security Directorates have initiated a series of instructions intended to accompany implementation of a personal


Non-competition cause: the possibility for the employer to unilaterally waive this clause during performance of the employment contract must be expressly agreed (Cass. soc., 11th March 2015, n13-22.257)
  • Bird & Bird
  • France
  • May 5 2015

Unless otherwise agreed in the employment contract or agreement, the employer cannot unilaterally waive the non-competition clause during performance


Indemnity for violation of protective status is subject to social contributions (Cass. 2ème civ., 12th February 2015, n14- 10.886)
  • Bird & Bird
  • France
  • May 5 2015

In the absence of detail, under both fiscal (CGI, art. 80 duodecies) and labour (CSS, art. 242-1) provisions, an indemnity for violation of


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


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