Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (JD Supra France)

19 results for Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (JD Supra France)

  • France Requires Employers to Investigate Harassment Claims Even Without Evidence

    French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case

  • French Government and Privacy Authority Provide Guidance for Employers Preparing for the Risk of a Coronavirus Epidemic

    As the coronavirus and the illness it causes, COVID-19, continue to spread, employers in France are taking into account the risk of an epidemic caused by the increase in the number of people who may become affected, both in France and abroad. To this end, employers may want to limit their employees’ travel, consider teleworking arrangements, plan for employee sick leave, and anticipate the...

  • France’s Professional Future Law Reduces Secondment Obligations and Increases Penalties for Secondment Fraud

    French law No. 2018-771 of September 5, 2018, which is a law “for the freedom to choose one’s professional future,” modified various subjects of interest to companies, including secondment and illegal work. Enforceable since September 7, 2018, unless specified otherwise, this legislation only applies to companies seconding employees in France.

  • Many Large Employers in France to Pay “Exceptional Purchasing Power Bonus”

    In response to the yellow vests movement (mouvement des gilets jaunes), which calls for measures to increase purchasing power of France’s working class, a law adopted on December 24, 2018, which was then clarified in two government circulars (Circ. DSS/5B/2019/29, dated February 6, 2019) recently introduced an “exceptional purchasing power bonus.” The bonus is exempt from all taxes, fees, and...

  • Personal Data: French Data Protection Authority Levies €50 Million Fine

    On January 21, 2019, a select panel of the French data protection authority, CNIL, which has the power to impose sanctions, fined a major technological services provider €50 million following its failure to comply with the obligations provided for in the General Data Protection Regulation (GDPR). The provider did not adhere to transparency and information obligations, and it did not set up a...

  • Is Paris Burning? France Considers Whether Damages for Employee Dismissals Should Be Capped

    The latest version of Article L. 1235-3 of the French Labor Code, based on the “Macron Ordinances,” has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions. The article limits a judge’s ability to determine compensation for an employee whose dismissal has been recognized as having no “real and serious” cause.

  • Parent Company Liability in French Redundancy Cases

    Although the Cour de cassation (France’s Supreme Court) still limits the application of the concept of “co-employment” between parent companies and their subsidiaries to exceptional cases, its rulings do not preclude a finding of liability on the part of a parent company when it has placed its subsidiary in increased difficulty. While this is not a new development, it was confirmed most...

  • Macron Ordinances Allow Employers to Unilaterally Reduce the Duration of Current Mandates

    The final version of the bill ratifying the Macron ordinances (Article 3 Ter) provides employers the option of unilaterally deciding, after having consulted the representative bodies concerned, to reduce the duration of current employee representative mandates if they expire between January 1, 2018, and December 31, 2019. The reduction cannot exceed one year.

  • Paris Embassy Announces Change to the Golden Arrow Program

    The U.S. Embassy in Paris has announced a minor change to its Golden Arrow program, affecting French-owned companies that are incorporated in the United States. Effective immediately, French E visa applicants under the Golden Arrow program will be required to submit all three parts of Form DS-156E.

  • France’s Employment Reforms to Go Into Effect in September

    As President Emmanuel Macron had promised, major employment reforms are under way in France and the related ordinances have been published on August 31, 2017, after extensive negotiations with national unions, concerning, in particular, the following issues...

  • A New Argument for Negotiating a Social Plan in France

    A Plan de Sauvegarde de l’Emploi (PSE) is a mass redundancy or reduction-in-force plan that companies employing 50 or more employees in France must have in place before dismissing 10 or more employees in a layoff. Such a plan is designed to mitigate the effects of a mass layoff or redundancy.

  • Paris and Nantes Civil Courts Reach Opposite Conclusions Regarding Challenges to CHSCT Experts’ Consultations

    On June 18, 2017, and June 29, 2017, Paris and Nantes civil courts (les tribunaux de grande instance) respectively issued opposite rulings interpreting the provisions of Article L. 4614-13 of the French Labor Code. Pursuant to Article L. 4614-13, an employer can challenge a Committee for Health, Safety and Working Conditions (Comité d'hygiène, de sécurité et des conditions de travail) (CHSCT)...

  • Macron Delivers on Promise to Prioritize Agenda for French Employment Law Changes

    When Emmanuel Macron was campaigning, he said that if elected, he would revise French employment laws. It looks like President Macron will act on his promise.

  • What the New French President Means for Employers

    Emmanuel Macron views liberalizing French employment law as a priority. To achieve that effect, he plans to amplify the actions initiated in 2015 (the Rebsamen and Macron laws) and in 2016 (the El Khomri law). Some of his employment law objectives include the following...

  • The French Codify a Right to Disconnect

    Have you heard about the new “right to disconnect” law in France that has finally come into effect on January 1, 2017? Don’t believe all the hype! While the law may be the first in the world to attempt to address the modern reality of around-the-clock connectivity of employees, the law does not have any concrete requirements other than to come up with a plan to address the problem or any...

  • How Enforceable Are Mobility Clauses in French Employment Contracts? More Than You Might Imagine!

    It seems that the Cour de Cassation (France’s equivalent to the Supreme Court of the United States) occasionally throws employers a bone when determining their rights to make management decisions regarding their workforces. The Cour has recently confirmed that not only can French employees be dismissed for refusing a transfer when they have a valid mobility clause in their employment contracts,...

  • French Labor Court Holds: Look The Other Way And Pay

    France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will employment, and French employers may not fire employees without justification that meets a stringent standard.

  • Noncompete Law in France—Payment of a Noncompete is Required During Garden Leave

    In France, a valid noncompete clause in an employment contract must provide for the payment of financial compensation to the departing employee, as long as the employee remains bound by and complies with the clause’s terms and conditions. But when must the payment of compensation commence? Earlier, perhaps, than you might have thought.

  • French Terminations: What Happens if You Miss the End of the Probationary Period?

    You know that sinking feeling: you have a new employee in France who is not working out, and the manager has left it until the last minute to let you know. What happens if the required termination notice period will now extend beyond the end of the employee’s trial period?

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