Orrick - Employment Law and Litigation (JD Supra France)

In 2019, France has been facing many strikes and social movements which impacted companies in term of business and staff management. Who did not hear about the “Yellow vests” movement or, more recently, the claims raised against the retirement reform which are still on-going?

Equality between men and women has been declared in France a “great national cause” of Emmanuel Macron’s Presidency in the wake of the #MeToo movement.

Since mid-November 2018, France has been shaken by the “yellow vests” mass demonstrations. Originated on social media and grounded in its opposition to the TICPE (fuel tax) increase, the leaderless movement expresses more broadly, according to many analysts, a reaction to the dwindling purchase power of the middle class and a strong stance against the French establishment.

In June 2017, the French government unveiled its plan to renew French social model, such program includes notably reforming employment law, French pension and unemployment insurance systems. As a first step of this comprehensive reform strategy, five ordinances reforming French labor laws were adopted on 22 September 2017 and issued on 23 September 2017 (the Reform).

The French government has presented before Parliament the “El Khomri” bill which, if passed, should modify a significant part of the employment law framework in France. Among various provisions, the bill mentions the right, for the employees, to disconnect. Indeed article 25 of the bill states that the employer has to regulate the employees’ use of digital tools in order to protect...