Morgan Lewis (JD Supra France)

France’s decree no. 2021-265 of March 10, 2021, has modified the publication modalities of the gender equality index and has imposed specific obligations on French companies benefiting from the stimulus plan introduced by the Finance Act for 2021.

France’s highest Court (Cour de Cassation) recently ruled that an acquiring entity, in this case Iron Mountain, could be found liable for violations committed by the target, here Recall France, before the transaction.

Historically, French law is very favorable to arbitration, and to international arbitration in particular. It is against this background that it has recognized the principle of autonomy of arbitral awards for several decades.

Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party sufficient time to reorganize its business.

The French government has announced that the wearing of masks in enclosed and shared spaces within private and public companies will be mandatory as of September 1, 2020. The implementation of barrier gestures and the practice of teleworking is still strongly recommended.

Evidence is growing of a hardening of French public policy regarding the need for political control of acquisitions of French companies and other foreign direct investment (FDI) transactions. In part this is prompted by a hardening of policy at the European level.

While most companies in France (with the exception of cafés and restaurants, sports halls, theatres, museums, and companies whose activities allow teleworking) will be able to resume their activity from 11 May...

As prevention measures against the coronavirus (COVID-19) pandemic bump into the principles and guidelines of the EU General Data Protection Regulations (GDPR), the French Data Protection Authority has reinforced essential rules and good practices for companies to ensure employee personal data protection.

The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory and store closures. Amidst continued uncertainty, parties likely will seek reliance on force majeure contractual provisions to avoid liability or penalties for non-performance.

The French government has recently published a large number of texts and recommendations to help deal with the coronavirus (COVID-19) pandemic. This guide brings together the various texts and recommendations published in the field of social law in order to give companies an overview of the mechanisms available to them.

A French public health emergency bill authorizes the government to derogate from certain legal and regulatory provisions by means of ordinances in order to deal with the economic, financial, and social consequences of the coronavirus (COVID-19) pandemic.

The French government has enabled expedited procedures for employers to facilitate partial unemployment during the coronavirus (COVID-19) outbreak and has slightly increased the hourly employment allowance.

The French government recently published a Q&A document in response to concerns about the 2019 Novel Coronavirus, detailing the steps that companies must take if an employee is infected or returns from a risk area and is placed in isolation, or if a company has to reduce its activities.

In France, the Professional Future Law of September 5, 2018, amended the Employment Obligation of Disabled Workers with the aim of simplifying it and making it more effective. In addition, the Professional Future Law revised the legal regime for Adapted Companies, strengthened the right of disabled people to telework, and imposed the designation of a “disability” referent on companies with at...

Companies in France should pay attention to the date of March 1, 2020, for three reasons: First, it is the date on which the index on professional equality between men and women will be extended to companies with 50 to 249 employees. Second, companies with more than 250 employees will have to publish their results for the second time. Finally, it is the date when companies that have not reached a

A decree issued on 29 April by the French Minister of Labour completes the legislative and regulatory framework for gender equality in the workplace in France.

The decree, published on 9 January, was issued under the act, “For the Freedom to Choose One’s Professional Future” of 5 September 2018, and introduces measures to eliminate the pay gap between women and men in France.

In accordance with the General Data Protection Regulation and the French revised law of 6 January 1978 (Loi Informatique et Libertés), any person whose personal data is being processed has a right of access which allows the person to examine and obtain a copy of his/her data. However, when an employee uses this right, for a current or future litigation, to obtain evidence to which he/she would...

In anticipation of the reorganization of post-Brexit Europe, France is seeking to adapt its legal system to attract foreign banks by providing them greater flexibility.

The French government completes its arsenal to fight wage inequality between men and women as it introduces the tool that will be used to measure any discrepancies in pay based on gender. Companies will be given a score based on certain criteria, including gender equality in salaries increases and promotions, among others.

French law continues to integrate and adopt some concepts of common law legal systems. Following the French-style class action reform in 2014 and the French-style deferred prosecution agreement (“convention judiciaire d’intérêt public”) in 2016, a draft legislation contemplates to soon incorporate punitive damages into French law. The reform should be submitted to the Council of Ministers in the...

Recent laws in France have focused on strengthening the fight against sexual harassment and gender-based violence, leading employers to consider the steps they must take to fight such conduct in the workplace.

A recent decree provides further information on how to appoint a data protection officer whose primary task is to ensure that his/her organization processes the personal data of its staff, customers, providers, or any other individuals in compliance with the EU’s General Data Protection Regulation.

After months of debate, the French Parliament has finally voted on a law, “For the Freedom to Choose One’s Professional Future,” which introduces several new obligations for companies, including transparency requirements to reveal gender pay gaps, and an obligation of result in equal pay. The law also introduces financial penalties for violations of these obligations.

France has been rocked by service disruptions since April 3 when employees of SNCF, the French public rail company, went on strike to protest against a bill that aims to shake up the company. This unprecedented manner of striking, organized as successive 48-hour strikes every five days, is expected to last until June 28. Strike actions have also been initiated in the air transport (Air France),...

The latest effort by the French government to promote gender equality in the workplace introduces a number of proposals including a payroll software to identify wage inequality, transparency obligations imposed on companies to reveal pay-equality results, and detailed procedures to prevent and penalize gender-based violence at work.

Starting on March 1, 2018, parties to cases in two Paris courts will be entitled to plead in English and submit documents in English before French judges, with the potential for other languages to be used—and the potential to attract still more international litigants. Decisions will be drafted in French with a translation.

The new system strengthens the French anticorruption arsenal from this year, drawing upon the US and UK regimes.

New French President Emmanuel Macron intends to implement a pro-business agenda and give France the image of a country that is dynamic and well-integrated in the global economy.

After the Constitutional Court rendered its recent decision on the law regarding the duty of care of parent companies and ordering companies, the rule has finally entered into force—but is it much ado about nothing?