Proskauer - International Labor Law (JD Supra France)

COVID-19 Q&A Partial unemployment - Confronted with the outbreak of the Covid-19, in order to avoid massive contract termination, employers rely on the possibility to use the French partial unemployment scheme. Please note that the hereunder information is likely to be amended and adapted in accordance with current legislative and regulatory developments.

The legal definition of “workplace accidents” under French law does not normally make global headlines. However, as many of you will have read, a recent decision of the Paris Court of Appeal (CA Paris, May 27, 2019, n°16/08787) did just that.

A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees. Such right is entered into force on January 1st, 2017 - According to the law, it belongs to the employers and the unions to negotiate this new right to determine its modalities of application and of control.

Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined by the employment contract.

Over the past 2 years, several European countries, like Spain or the UK, have decided to simplify and lighten their labor and employment regulations to enable their companies to compete with emerging markets and to face the economic crisis.