With respect to health in the work place and more precisely to the so-called obligation de résultat[1] imposed on employers, companies must pay a particular attention not only to legal and case-law developments but also to the constant evolution of working conditions – whether such evolution is due to technological development or societal or organizational […]
The concept of “cadres” (i.e. executive employees) is a French law feature that covers in fact various types of employees – i.e. not only employees with a managerial position (“managers”) but also sales people, engineers, etc. – to such extent that it is sometimes difficult to translate this word into English. The “executive” employment category […]
The latest reform of the rules governing occupational health was introduced by the Law n° 2011-867 of July 20, 2011. The publication of two Implementation Decrees (Decree n°2012-135 and Decree n°2012-137) on January 30, 2012 provides a good opportunity to go over the main changes that will enter into force on July 1, 2012 and […]
The loan of employees is an increasingly used human resources management tool that is perfectly suited to the natural trend towards a more flexible and mobile labor market. The provisions introduced by the so-called Cherpion Law were “aimed at securing the loan of employees”[1]: while these provisions should be given credit for putting an end […]
French labor and employment law was initially structured around the concept of company as a legal autonomous entity. This is through that lens that are primarily assessed the rights and obligations of the employer and employees. Case law has gradually adjusted this first approach. French courts have defined the notion of Unité Economique et Sociale […]
The employees’ freedom of expression has been recognized and protected by French labor and employment law since about 30 years, more specifically since the Law of August 4, 1982.[1] Today, with the fast-growing use of social networks, judges have been led to consider the limits of the employees’ freedom of expression when such employees post […]
Strategic Lawyering