The works council’s favourable opinion, lack of objection or consent is required in certain cases, such as: 2.6       How do the rights of trade unions and works councils interact? The first landmark of modern labour law was the British Health and Morals of Apprentices Act of 1802, sponsored by the elder Sir Robert Peel.Similar legislation for the protection of the young was adopted in Zürich in 1815 and in France in 1841. A person may qualify as an employee notwithstanding any provision to the contrary agreed upon between the company and the concerned individual (provision of services, agency contract, etc.). 5.3       Are there any information and consultation rights on a business sale? In the event that the courts find that the company has indeed breached its contractual obligations vis-à-vis its employee, the employer will be sanctioned to pay all end-of-contracts payments (dismissal indemnity, payment in lieu of notice period) and court-awarded damages. In France, the legal length of the working week is 35 hours in all types of companies. Certain employees are entitled to special protection aimed at preventing their dismissal or establishing a specific dismissal procedure. the conciliation phase, in which the parties are invited by two judges (one employees’ representative and one employers’ representative), in a hearing on camera, to find an amicable solution to the dispute; and. The purpose of the Sapin II law is to protect the whistleblower in the event of reprisals by the employer. 3.3       Are there any special rules relating to sexual harassment (such as mandatory training requirements)? 6.2       Can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work? The case will be decided within an average period of one year. Any such dismissal would be null and void and would entitle the employee concerned to be reinstated and to claim compensation for the damage suffered. 8.4       Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system? Do not translate text that appears unreliable or low-quality. The presentation of the letter to the employee’s home will be the starting point of the notice period. In the case of an asset transfer involving an autonomous economic entity, employees will have their contracts of employment automatically transferred to the buyer. No notice is required in the case of a termination by mutual consent. In principle, the consent from a third party is not required except in the dismissal of protected employees (in particular, employees’ representatives), which requires the prior approval of the Labour inspector. Employees are entitled to ask their employer whether and how their personal data is being processed. 7.2       When are restrictive covenants enforceable and for what period? In order to be valid, the settlement must contain mutual concessions. 7.4       How are restrictive covenants enforced? four consecutive quarters for a company with 300 or more employees. A strike is lawful if it is based on work-related claims presented to the employer. Industrial action may be initiated by trade unions or by the employees themselves. The length of the notice period provided for by collective agreement generally varies according to the employee’s classification, length of service within the company and, sometimes, his/her age. 3.2       What types of discrimination are unlawful and in what circumstances? 1.1       What are the main sources of employment law? and unlock access to three FREE PDF downloads per month The employer may dismiss an employee on economic grounds where the following cumulative conditions are met: Economic difficulties are characterised either by the significant change of at least one economic indicator such as a drop in orders or sales, operating losses or a deterioration in cash flow or gross operating surplus, or by any other factor that can justify these difficulties. Temporary workers cannot be assigned to particularly dangerous work, and their contract cannot be ended before the initial termination agreed date (otherwise the employee must be paid until this date, except in case of gross misconduct). Is conciliation mandatory before a complaint can proceed? How does a business sale affect collective agreements? The duration of the Labour Court procedure varies depending on whether the four judges have reached a decision or not. [3], The "right to disconnect" law came into force in January 2017, which means that companies with more than 50 workers will be obliged to draw up a charter of good conduct. How is the notice period determined? French law prohibits any form of direct or indirect discrimination towards a candidate or employee on the basis of his/her: origin; gender; morals; sexual orientation; age; family situation; pregnancy; genetic characteristics; belonging or not belonging (whether actually or supposedly) to an ethnic group, nation or race; political opinions; union or mutual society activities; normal exercise of a right to strike; religious beliefs; physical appearance; name; state of health; or disability. Can employers settle claims before or after they are initiated? Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and a law limited the work week to 40 hours, excluding overtime. Salary is nevertheless paid. They may also lodge a complaint against the company and/or against the author of the discrimination. Confidentiality: The duty of confidentiality is an extension of the duty of loyalty. question 2.2) also attend works council meetings. Overhauling France’s complex labor laws, which authorities say have proved a hindrance to investors and employers, is part of a larger program by Macron to stimulate France… 9.2       What procedure applies to employment-related complaints? French labour law provides that the parties are free to decide under which form they want to enter into an employment contract. Legislation. Employees may still challenge the grounds of their dismissal before the Labour Courts. A major labour law reform occurred in November 2015. If no substitution agreements have been concluded, employees will retain the same salary they were paid during the last 12 months for the working time provided by their employment contract. Since a decree entered into force on September 22, 2017, there is a minimum and maximum amount of damages depending on the employee’s seniority. In collective bargaining, the employer negotiates, in particular, with the union delegates. Indeed, in general, any request for information concerning prospective employees’ needs to be related to the employment contract and be justified by what is strictly necessary to a proper performance of the contract; otherwise, the information will be considered as part of the employee’s private life. Furthermore, employees may not work for more than 4.5 hours without a break. It is composed of elected, non-professional judges with equal representation between employers and employees. Such claims may be brought within 12 months as of the date of the termination. Certain Labour Courts have recently refused to apply the damages scale provided for in 2017. Indeed, only a very limited exception (if extraordinary circumstances justify it) allows employers to access “personal” or “private” contents. Economic difficulties, technological change or the need to safeguard the company’s competitiveness are assessed at the level of that company if it does not belong to a group and, if not, at the level of the sector of activity common to that company and to the companies of the group to which it belongs, established in the national territory. Employees cannot, therefore, be dismissed in an attempt to elude the transfer. The statutory duration of maternity leave (“congé maternité” in French) varies according to the employee’s family situation: Maternity leave begins before, and continues after, birth. Once the dismissal has been announced, employees may challenge the procedure and grounds for their dismissal. A dismissal for personal grounds requires the employer to: Dismissal based on economic grounds requires the employer to: 6.7       What claims can an employee bring if he or she is dismissed? 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