This year was marked by several landmark decisions relating to employers’ obligation to guarantee the safety of their employees. Companies are therefore more and more susceptible to being held liable in this regards, and the Cour de cassation (France’s highest court) is stricter in its approach regarding the scope of the obligations imposed on companies. […]
More and more companies use systems and devices enabling the geolocation of their employees. To address this issue, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) adopted as early as in 2006 a recommendation relating more specifically to the implementation of devices designed to track motor vehicles (Deliberation […]
A CONCEPT TO BE TAKEN INTO ACCOUNT BY COMPANIES IN THEIR PREVENTION POLICY AND A SPECIFIC OBLIGATION TO BE COMPLIED WITH BY CERTAIN COMPANIES BEFORE JANUARY 1, 2012 The concept of physical strain at work (or physical strain in the workplace) became an important issue in the French labor and employment landscape during the debates […]
AS FROM JANUARY 1, 2012 THE COMPANY’S INACTION CAN BE SANCTIONED Companies with at least 50 employees must enter into a company-wide collective bargaining agreement (hereinafter “CBA”) or adopt an action plan on professional gender equality before January 1, 2012, failing which they will be liable for a financial penalty. Pursuant to the preamble of […]
The debates generated a few months ago by the announced enactment of legal provisions imposing on certain companies that distribute increased dividends the obligation to pay a bonus to their employees were largely echoed in the media. These provisions were adopted as part of Law n° 2011-894 of July 28, 2011, known as the Social […]
In a decision dated May 18, 2011 (Cass.soc., n° 09-69.175), the Labor Chamber of the Cour de Cassation (French Supreme Court) further clarified the notion of illegal supply of employees within the context of a loan of employees from a parent company to one of its subsidiaries. 1. The loan of employees may result in […]
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