Christopher Ivey

Bird & Bird LLP

Articles

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Disciplinary action is limited by the terms of internal regulations

France - June 3 2011 In a recent case (Cass Soc 26/10/2010, n° 09-42.740) the Cour de Cassation held that a company can apply only disciplinary measures that are expressly provided for in its internal regulations.

Law on conditions for the redeployment of employees at risk of redundancy

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.

Bullying does not need to be long term to constitute harassment

France - August 12 2010 The Labour Code and previous court decisions highlighted the fact that the actions considered as bullying must be repeated in order to constitute harassment, and it was on this basis that the Court of Appeal in the present case held that while the employee was demoted and sidelined following a long term sick leave, and threatened and insulted after a second period returning to work, these events took place over a relatively short period (of approximately one month), insufficient, bearing in mind the period of sick leave, to characterise harassment through bullying.

Employees made redundant must be informed of the grounds for redundancy at the latest by the date they accept the CRP

France - August 12 2010 The State-run CRP (convention de reclassement personnalisée) redeployment programme must be proposed to employees at risk of redundancy in particular in businesses of less than 1,000 employees, either during their preliminary meeting, or in procedures where no preliminary meeting is required, following on from the final employee representative meeting.

The right to days off in lieu continues during notice period even when not worked

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.