How European case law impacts employees not assigned to a fixed or usual place of work? A request for opinion on the situation of employees not assigned to a fixed or usual place of work was brought before the Court of Justice of the European Union (“ECJ”) by a Spanish judge (ECJ,September 10th 2015, […]
Time spent travelling between home and client sites Continue Reading »
EMPLOYEES’ HEALTH MONITORING Since January 1st 2017, hiring medical examinations have been replaced by “informative and preventive visits”, except for employees with a job “at risk” who will benefit from an enhanced individual health monitoring. Furthermore, the involvement of the occupational physician is no longer systematically required. What changes from January 1st 2017 From
Changes to occupational health monitoring procedures in France Continue Reading »
As a reminder, an annual global working day arrangement allows the calculation of working time in days over the year, rather than in hours. The maximum number of worked days is generally 218 days/year (depending on the applicable Collective Bargaining Agreement (CBA). It is only possible to agree such an arrangement in the employment contract
Secured framework for annual working time arrangements Continue Reading »
The “Labour Law” of August 8th, 2016 has strengthened the right to disconnect for all employees in France. Although the law puts the most significant constraints on companies that have at least 50 employees, the object of this paper is to determine the precise consequences on small and medium companies (with less than 50 employees.)
The Right To Disconnect Continue Reading »
What currently exists? Currently, each employee with more than one year’s service (or four months for short term contracts), acquires an entitlement to a capital of training hours equal to at least 20 hours per year (prorated for part time employees), which can be cumulated over a period of 6 years within a maximum limit
In a previous newsletter we informed you that the Syntec employer union has announced the opening of negotiations between employer and employee unions for the signature of an amendment to the existing working time agreement, which would secure the usage of “forfait jours” (global working day clause). The negotiators recently came to an agreement which
In France, employees whose employment is terminated by the company, except for reasons of gross misconduct, benefit from the portability of the death/disability and health insurance plans to which they were entitled as employees of the company. This entitlement is currently granted to persons who benefit from the government unemployment benefits and for a maximum
If an employee has a business trip or short term assignment (less than 3 months) outside of France, the employer should notify the social security office so that the employee remains covered under the French social security scheme during their assignment. If such trips or assignments are performed on a regular basis by an employee,
A recent French law has introduced major modifications in the statutory regime of part-time employment contracts. I: What are these major changes? ==> All part-time contracts signed as from January 1st 2014 must provide for a minimum working time of 24 hours per week or the equivalent over the month. Only few exceptions to
HR France Update: Part-Time Employment Contracts Continue Reading »
A recent French law has set the amount of the indemnity which can be paid to an employee at the stage of conciliation, in order to resolve a dispute. What is this indemnity? When a dispute is brought before the Industrial Tribunal, the parties first meet with a special judge in the attempt to find
Dispute Resolution: Indemnity at Conciliation Continue Reading »
