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Several French Labor Courts recently ruled that the Macron Scale of Indemnities (official scale to set up the amount of damages awarded to the dismissed employees without a real and cause of dismissal) is not applicable. According to these decisions the scale of damages is not compatible with International conventions (Convention n°158 of the International […]

A law reform fully in force since December 2017 modified several provisions of French labour Code, and requires adaptations from companies employing employees in France.   At the end of 2017, French President Emmanuel Macron has signed five decrees; one of them deeply modified the legal provisions regarding employee’s representative bodies.   Especially, the decree created […]

Decree No. 2017-1387 of 22 September 2017 on the predictability and security of labour relations has amended Article L1235-3 of the Labour Code by introducing a scale for dismissals ruled without a real and serious cause, rapidly nicknamed the “Macron scale” after its maker.   In accordance with this scale, when an employee’s dismissal occurs […]

French Supreme Court (“Cour de cassation”) has recently ruled* that an employer cannot produce before Courts documents containing with personal data of his employees, unless they gave their prior consent to this filing.   In this case, an employer, while a litigation against a trade union in relation to professional elections process, has produced payslips of employees to support his argumentation.   […]

A company had implemented a biometric control system (fingerprints recognition) which purpose was to monitor employee’s working time. Although French law allows an employer to monitor its employees activity, a monitoring system must, to be valid, meet the following requirements: Transparency: the employee’s reps’ and the employees themselves shall be informed of its existence. Justification: the […]

According to this new regulation, French Administration cannot sanction an employer who mistakenly applied law or abided an obligation, thus creating a new concept: the right to make mistake.   This right for employer is only applicable if the following requirements are met:   the employer has been acting in good faith; it is the […]

Starting January 1st, 2019, a new withholding income tax system will come into force for all companies employing employees in France. Upon this new system, employers will be responsible for holding a predefined rate on employees’ wages corresponding to their income tax, before transferring it to Tax Administration. The tax rate is calculated by Tax Authorities […]

The New French law on Trade Secret of July 30, 2018 has incorporated new articles to the French commercial code to protect Trade secrets. However, specific provisions are applicable in HR area where the trade secret protection might not be enforceable towards employee’s representatives and whistleblowers. For other employees, HR Policies are recommended to protect […]

Born in 2010, the French procedure named « procédure participative » (participatory procedure) is inspired by collaborative Anglo-Saxon law. This procedure, considered as a new form for amicable settlement of disputes, is an agreement by which the parties to a dispute, not yet before a judge or an arbitrator, commit to work together and in […]

Nombreux sont les entrepreneurs qui, sous couvert du principe de liberté contractuelle, se croient légitimes à négocier comme ils l’entendent la cession de leur entreprise, quitte à enjoliver certains résultats, à dissimuler certaines informations, à négocier parallèlement avec plusieurs acquéreurs, ou encore à se rétracter à tout moment (après tout, tant que l’accord n’est pas […]