Human Resources

The new maximum probationary period durations

employees, Human Resources, Law, Payroll, Travail / 1 minute of reading

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 probationary period Maximum duration of …

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

employees, Human Resources, Law, Payroll, Remuneration, Travail / 2 minutes of reading

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 importance of the employee’s prior …

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Obligations surrounding the opening of a new work site

employees, Human Resources, Law, Payroll, Travail / 2 minutes of reading

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 once this registration has been …

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Paid leave: French law aligning with EU law

employees, Human Resources, Law, Payroll, Remuneration / 4 minutes of reading

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 its case law on …

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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!

bonus, employees, Human Resources, Law, Remuneration, Travail / 4 minutes of reading

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 portion of …

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

employees, Human Resources, Law, Travail / 2 minutes of reading

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 an annual global working …

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

employees, Human Resources, Law, Remuneration, Travail / 3 minutes of reading

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 which the employee is at the …

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The new multi-replacement Fixed term contract

employees, Human Resources, Law, Travail / 1 minute of reading

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 certain areas of activity (for example: …

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A NEW COLLECTIVE BARGAINING AGREEMENT IN THE METAL INDUSTRY

employees, Human Resources, Law, Travail / 5 minutes of reading

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

employees, Human Resources, Law, Travail / 3 minutes of reading

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 having been given formal notice by …

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