Laurence De Sousa

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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Paid leave: French law aligning with EU law

[Credit Image from Freepik] In three rulings pronounced on September 13th 2023  the “French High Court” aligned its position on paid leave with EU  law. With these rulings,  it called into question the provisions of the Labor Code that exclude or limit the accrual of paid leave for employees on sick leave and also developed

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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

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! Continue Reading »

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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A NEW COLLECTIVE BARGAINING AGREEMENT IN THE METAL INDUSTRY

Credit image : Drazen Zigic picture on Freepik A new collective bargaining agreement (CBA) will apply to all companies that are in the scope of the Metal industry CBA as of January 1, 2024. It will replace over 70 regional or local collective agreements in order to align the rights of all employees in the

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Abandoning the job is resigning Part 2 : the presumption of resignation is effective from April 19th

[Credit mage Mohamed Hassan from Pixabay] In our previous newsletter we had informed you that the new “Labour Market” law published on December 22nd, 2022, created a new article L. 1237-1-1 in the French Labour Code. This new article provides that an employee who voluntarily abandons his/her job and does not return to work once

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Immigration tax due by employers of non-EU employees : How to proceed ?

[Credit Image Gerd Altmann from Pixabay] As a reminder, any employer who sponsors a non-EU citizen to work in France or who welcomes an non-EU citizen employee temporarily seconded by a company not established in France, is subject to a tax when the foreign employee first enters France or when he or she is first

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