Cass. com. 10-5-2024 n° 23-16.670 F-D, F.C / Société la Vierge In a significant ruling, the Court of Cassation previously ruled out the possibility of allowing minority voting in the statutes of simplified joint-stock companies (SAS). ... Read more about Minority Vote in SAS: The Plenary Assembly of the Court of Cassation is Seized
Labour Law
Protecting your company: Dealing with unlawfully obtained evidence
In a groundbreaking judgement, the Court of Cassation (Cass. soc. of 14/02/2024 no. 22-23.073 F-B, B. c/ Sté Pharmacie mahoraise) has shown that evidence obtained through unlawful video surveillance may be admissible in court under certain ... Read more about Protecting your company: Dealing with unlawfully obtained evidence
French Labour contract (CDD and CDI)
Understanding the New Formality for Employers Offering CDI at the End of CDD or Temporary Assignments. The introduction of a new procedural requirement for employers proposing a permanent contract (CDI) at the end of a fixed-term ... Read more about French Labour contract (CDD and CDI)
Labour law in France – Religious freedom at work. The Ramadan example.
Every year, Muslims all over the world celebrate Ramadan for the duration of one month. During this time, Muslims are generally prohibited from eating and drinking between sunrise and sunset. As a general rule, all employers in France ... Read more about Labour law in France – Religious freedom at work. The Ramadan example.
Health Pass in France – Labour law
The law establishing the French Health Pass and the vaccination obligation has been adopted on July 25th, 2021. We are now waiting for the decision of the Constitutional Council that will be rendered on August 5th 2021, which is a ... Read more about Health Pass in France – Labour law
Collective dismissal in France
French Labour Law. In the event of collective dismissal of employees for economic reasons, in certain circumstances it is necessary for the employer to prepare and present a social plan (PSE in French) to its employees, trade unions and ... Read more about Collective dismissal in France
English labor law & Extra hours France
Update: consequences related to the invalidity of the working time scheme in days (“convention de forfait jours”) For employees whose working hours cannot be predetermined and who have real autonomy in their organisation, the working ... Read more about English labor law & Extra hours France
Legal consequences after BREXIT
With Brexit, the United Kingdom (“UK”) becomes a third country to the European Union of which France is a part, and leaves its judicial area. Among the recurring questions, those related to the future of contracts concluded ... Read more about Legal consequences after BREXIT
The consequences of Brexit on employment law in France
Impacts of the Brexit on employment law matters should be anticipated. On December 24, 2020, a trade and cooperation agreement was reached with the United Kingdom. January 1, 2021 marked the end of the transition period (from February 1 ... Read more about The consequences of Brexit on employment law in France
Temporary unemployment measures adopted during the Coronavirus crisis
Labour Law France - temporary unemployment for employees in France. The French government has allowed the recourse to temporary unemployment (chômage technique or chômage partiel) for employees so as to prevent mass layoffs during ... Read more about Temporary unemployment measures adopted during the Coronavirus crisis
Employment Law in France – Settlement Agreement in France
Employers and employees can agree to mutually terminate the employment contract in line with a termination agreement, according to Art. L. 1237-11 to L. 1237-16 of the French Labour Code. This procedure differs from the ... Read more about Employment Law in France – Settlement Agreement in France
Moving the workplace – French labor law
In the absence of any particular reference in the contract relating to the place of performance of the work, the French case-law has created the concept of geographical area to assess the scope of a change in the workplace: any change ... Read more about Moving the workplace – French labor law
Collective settlement agreement (RCC) in French Labour Law
Since January 2018, all companies in France, without conditions of employees, can conclude a collective settlement agreement (RCC) instead of a PSE which aims at facilitating the voluntary departures of the employees and dissociating them ... Read more about Collective settlement agreement (RCC) in French Labour Law
Labour Law in France – Employment Protection Plan (PSE)
Group dismissal procedure. The Employment Protection Plan (PSE) In this article, we present a dismissal procedure of more than 10 people within 30 days in a company in France with more than 50 employees. Actually there is another ... Read more about Labour Law in France – Employment Protection Plan (PSE)
Economic dismissal reasons – French law
Collective redundancies. Any dismissal for economic reasons must be justified by a real and serious cause. The economic motive is defined by the Labor Code as a reason not inherent to the employee's person, resulting from a deletion or ... Read more about Economic dismissal reasons – French law
Managing director liability in France
Civil and criminal liability of managing directors at a SAS. To start with, the managing director’s liability must be distinguished from a company’s liability which is limited to the company's share capital. By comparison, no such ... Read more about Managing director liability in France
Collective mutual termination agreements in France (RCC)
Notice of termination : Framework agreement for collective mutual termination agreements (accord collectif portant rupture conventionnelle collective) No later than 1 January 2018, unless a "décret" has been previously promulgated as ... Read more about Collective mutual termination agreements in France (RCC)