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EMPLOYEES’ HEALTH MONITORING Since January 1st 2017, hiring medical examinations have been replaced by “informative and preventive visits”, except for employees with a job “at risk” who will benefit from an enhanced individual health monitoring.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
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 »
As from January 1st 2016, the implementation of a Company health insurance plan will become mandatory. Further to an important modification in French Law, all companies, whatever their size, will have to provide a health insurance plan to their employees. What is the extent of this obligation? A minimal coverage will be established by legal decree
HR Update France: Mandatory Company Health Insurance Continue Reading »
The French high court has recently invalidated the global working day clause (“forfait jours”) under the Syntec Collective Bargaining Agreement. The High court has been scrutinizing industry level agreements on global working days over the last few years and while some industry agreements have been confirmed, others have been invalidated, the latest being Syntec. The
UPDATED: Syntec Global Working Day Clause Invalidated By French High Court Continue Reading »
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