Because of the evolving case law regarding remuneration of employees, and more precisely the possibility to change employees’ remuneration, companies have been facing difficulties and/or legal uncertainty. In a decision dated March 2, 2011 (Cass.soc., n° 08-44.977), the Cour de Cassation (French Supreme Court) reconsidered its position and clarified the rules for amending targets used […]
In a judgment dated October 6, 2010 (n°09-13.149), the Labor Chamber of the Cour de Cassation (French Supreme Court) held that “during the suspension of the employment contract, the employer has no obligation to have the employee’s unfitness for work certified and a declaration of unfitness for work, even for all types of jobs, should […]
In the last several years, it has been difficult for companies to comply with their redeployment obligations, specifically in the international context. These obligations should have therefore been clarified and detailed by law. The legislators chose instead to partially address the issue, and with a sense of urgency, with the Law no. 2010-499 of May […]
With the development of information and communication technologies, a growing number of employees are telecommuting for all or part of their work. Additionally, companies have often been required to reduce the surface area of their premises and request their employee to work, in part, from their homes. As a result, working conditions have evolved. The […]
The “rupture conventionnelle” is a contractually negotiated termination of an indefinite term employment agreement. It was created by the Law no. 2008-596 of June 25, 2008, and has been a huge success. In 2009, out of the 230,095 terminations that have been contractually negotiated, 191,309 or 83.14% of them were approved by the French labor […]
The decision rendered on July 1, 2009 (no. 07-42675) by the Labor Chamber of the Cour de cassation (French Supreme Court) was addressed in our July-August 2009 e-newsletter, in which we expressed our concern about the possible direction of the principle of equal treatment between employees. According to this decision, “the sole difference of professional […]
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