Travail

VARIABLE REMUNERATION: Employers must prove that the targets are achievable.

[credit image Ricarda Mölck de Pixabay] In a recent decision of the French High Court “Cour of Cassation” on 15 November 2023, employers were reminded of the need to demonstrate the achievability of the targets set for each financial year when paying the variable part of an employee’s salary. In this case, the employee received, in addition […]

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The new obligations of an employer offering an indefinite-term contract to an employee on a fixed-term or temporary contract

[Credit Image : Photo de Gabrielle Henderson sur Unsplash] Since January 1st, 2024, employers (or user companies in the case of temporary work) offering an indefinite-term contract (“CDI” in French) at the end of a fixed-term contract (“CDD” in French) (or temporary work contract called “intérim” in French) have a new dual obligation: – to

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Occupational Medical Service in France

[Credit Image : National Cancer Institute from Unsplash] Employers in France must take measures to secure their employees’ mental and physical Health at work. This is not an obligation of results but means. As part of this obligation, whenever a new employee is hired in France, a medical monitoring exam must be organized by the

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The new maximum probationary period durations

[Credit image vectorjuice from Freepik] Since September 9th, 2023, collective bargaining agreements (CBA) providing a longer duration than the legal maximum probationary period durations no longer apply. As of this date, the maximum probationary period durations applicable to employees hired under an indefinite-term contract are as follow: Employee’s professional category Maximum duration of the initial

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What precautions should be taken when you want to change your employees’ salaries?

[Credit image pch.vector from Freepik] When it comes to changing an employee’s salary (including an increase), French regulations require the employee’s prior consent, which means the signing of an amendment to the employment contract between the employer and the employee. In a ruling dated June 21st, 2023, the French Supreme Court reminded us of the

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Obligations surrounding the opening of a new work site

[Credit image storyset from Freepik] When a company opens a new worksite (office, store, shop, restaurant etc.), it is mandatory to register this new establishment with the French Trade Registry (“Registre du Commerce et des Sociétés”). Each new establishment, once registered, will be given a new SIRET number (company’s establishment identification number). It is only

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Welcome Bonus: The employment contract may make the definitive award of a welcome bonus subject to the employee’s presence at work… under certain conditions!

[Image par Moondance de Pixabay] In a recent case, the French High Court ruled that a clause agreed upon by the parties may condition the definitive award of the full amount of a welcome bonus to  the employee’s presence in the company during a defined amount of time  and stipulate an obligation for the employee to reimburse a

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Reminder on the Workload Monitoring Interview(s) for employees with a working time arrangement in days

[Credit image Gerd Altmann from Pixabay] As a reminder, the standard working week in France is 35 hours, but different working time arrangements are available under certain conditions. One of these working time arrangements is the global working day arrangement, whereby the employee’s working time is not counted in hours but in days. The validity of such

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Can the commuting of mobile employees be considered as actual working time?

  [Credit image vectorjuice from Freepik] In a recent case law, the French High Court held that when the home-to-customer travel time performed by a mobile employee meets the legal definition of actual working time, this time must be paid as such. In French law, the definition of “actual working time” is the time during

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The new multi-replacement Fixed term contract

[Credit image Gerd Altmann from Pixabay] In line with its policy of full employment, the French government has temporarily reintroduced the possibility of hiring an employee on a fixed-term contract to replace several absent employees in the company. This multi-replacement contract can be used between April 13th 2023 and April 13th 2025 and only for

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