question 7.2). In addition, they must not act in a manner contrary to the company’s interests and must not, in particular, engage in any act of competition (duty of loyalty). The works council may also participate in general meetings of shareholders. The programming and justice reform law of 23 March 2019 1 merges the primary courts and intermediate courts as from 1 January 2020 by creating the courts of justice. 2.2       What rights do trade unions have? This page was last edited on 6 June 2020, at 15:44. The Grenelle agreements negotiated on May 25 and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise. The first landmark of modern labour law was the British Health and Morals of Apprentices Act of 1802, sponsored by the elder Sir Robert Peel.Similar legislation for the protection of the young was adopted in Zürich in 1815 and in France in 1841. During maternity leave, the employee receives an allowance paid by the French Social Security. Industrial action may be initiated by trade unions or by the employees themselves. The company is punishable by a fine of up to €225,000. The duration of the works council consultation process is limited in time. This established the right to organise a union, to bargain collectively, a legal right to strike, and was followed by enactments which limited the work week to 40 hours, excluding overtime, and guaranteed paid holidays. 9.1       Which courts or tribunals have jurisdiction to hear employment-related complaints and what is their composition? The LSL regulates firstly working conditions and secondly the workplace safety and hygene. In that regard, they must be based on a justified economic reason. Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE). Within their general obligation to provide information to employees on how they use their data, employers should provide specific information on such transfers. Any trade union with more than one member (i.e., at least two members) can form a “union section” (“section syndicale” in French) within the company or the establishment. In order to be valid, the settlement must contain mutual concessions. Furthermore, the government adopted a major labour law reform through five ordinances enacted on 22 September 2017. Besides, in accordance with EU law, the employer is required, in all circumstances, to inform employees of the employer’s identity, their place of work, their job title (or description of the work), the date of commencement of the contract, the amount of paid leave, the length of the notice period, the component elements of pay and the frequency of payment, their working hours and, where applicable, the collective agreements applicable. In the event of a dispute, where the person presents factual elements which make it possible to presume that he/she has recounted or testified in good faith to facts constituting an offence or a crime, or has reported an alert, it is for the defendant, in the light of the elements, to prove that his/her decision is justified by objective elements unrelated to the declaration or testimony of the person concerned. Working time: The statutory working hours are 35 hours per week. A settlement ending the dispute is possible both before, and after, the claim is brought before the Labour Court. The case will be decided within an average period of one year. Employees have a right to privacy, even in the workplace. Trade unions negotiate collective agreements. [2], In 2000 Lionel Jospin's government then enacted the 35-hour workweek, down from 39 hours. If so, on what grounds is discrimination prohibited? 3.1       Are employees protected against discrimination? Exclusivity: Even if there is no specific clause in the employment contract, employees are bound by a general duty of loyalty preventing them. 4.2       What rights, including rights to pay and benefits, does a woman have during maternity leave? question 6.3). French law prohibits any form of direct or indirect discrimination towards a candidate or employee on the basis of his/her: origin; gender; morals; sexual orientation; age; family situation; pregnancy; genetic characteristics; belonging or not belonging (whether actually or supposedly) to an ethnic group, nation or race; political opinions; union or mutual society activities; normal exercise of a right to strike; religious beliefs; physical appearance; name; state of health; or disability. How are different types of worker distinguished? France. It may also be required to inform and consult its Health & Safety Committee. The length of the consultation procedure varies according to the nature and complexity of the proposal. Except for when the transfer is part of a social plan, employers are obliged to transfer employment contracts automatically to the new employer. On 25 May 1864, the loi Ollivier was passed to reverse the prohibitions on strike action. By contrast, employee’s consent is not deemed a valid ground for such transfers under the CNIL’s doctrine. It is a staple of French political discourse that it takes a right … 3.6       What remedies are available to employees in successful discrimination claims? The union section can communicate freely with employees, has access to premises and can organise meetings with its members. Nor may he/she be subject to any sanction, dismissal or discriminatory measure on the grounds of his/her alert. 5.1       On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? Besides the three days’ birth leave, employees are entitled to adoption leave: At any time after the birth of a child, employees – who have worked at least one year within the company before the birth – may seek additional parental leave (referred to as “congé parental d’éducation” in French) or may move to part-time work of a maximum period of one year (which can be renewed twice, ending on the third birthday of the child). By 1848 the first legal limitation of the working hours of adults was adopted by the Landsgemeinde (citizens’ assembly) of the Swiss canton of Glarus. 3.7       Do “atypical” workers (such as those working part-time, on a fixed-term contract or as a temporary agency worker) have any additional protection? A significant decrease in orders or revenues is constituted when the duration of this decrease is, compared to the same period of the previous year, at least equal to: The materiality of the termination, transformation or modification of an essential element of the employment contract is assessed at company level. Outside working hours, insulting or otherwise damaging content may lead to a disciplinary sanction if it proves to be published outside the scope of confidentiality of private correspondence (e.g., if the account settings were not set up to ensure confidentiality of the content). It is worth noting that as a matter of law, French employers are required to provide for larger social security benefits than U.S employers and that they contribute “although social security payments are made by employers and employees alike, “a significant portion of contributions is made by employers”. The statutory duration of maternity leave (“congé maternité” in French) varies according to the employee’s family situation: Maternity leave begins before, and continues after, birth. In most cases, the former employee agrees not to take legal action or drops the proceedings that he/she has brought in return for a settlement payment by the company. four consecutive quarters for a company with 300 or more employees. The notice period is fixed by law, collective agreement and/or employment contract. The inclusion of a confidentiality clause in the employment contract may, however, be useful, particularly to define the scope of this obligation and the nature of confidential information. Theoretically, this right is unconditional, provided that the request is not manifestly spurious and does not impair third parties’ rights. For practitioners, the publications are useful in the formation of an early and high-level understanding on each of the relevant topics and jurisdictions GLG covers. 1.1       What are the main sources of employment law? It generally contains measures such as training, outplacement programmes, support in creating a company, relocation allowance, etc. This hearing is confidential and aims at finding a settlement solution on the matter. Economic difficulties, technological change or the need to safeguard the company’s competitiveness are assessed at the level of that company if it does not belong to a group and, if not, at the level of the sector of activity common to that company and to the companies of the group to which it belongs, established in the national territory. In France, the first labour laws were Waldeck Rousseau's laws passed in 1884. Are employees entitled to compensation on dismissal and if so, how is compensation calculated? These laws determine when a teenager can get a job, what kinds of jobs are allowed, and what paperwork is necessary. How long does the process typically take and what are the sanctions for failing to inform and consult? The employer may allow the employee not to serve the notice period. 4.1       How long does maternity leave last? 14 months’ leave at a maximum (over a three-year period) for caring for a child suffering from a serious disease, accident or handicap; in that scheme another employee can give rest days to the caring employee; three months’ leave (renewable once) for caring for a family member who suffers from a life-threatening condition; and. take all measures to disseminate, present and raise awareness in order to effectively inform employees about the legislation in force on harassment; implement training actions to improve knowledge, prevention and identification of harassment problems; and. In 2019, the gross monthly SMIC, for a 35-hour working week, was €1,521.25. Indeed, only a very limited exception (if extraordinary circumstances justify it) allows employers to access “personal” or “private” contents. The collective agreement usually provides for a conventional dismissal indemnity that will replace the legal dismissal indemnity if it is more favourable to the employee. The judge shall form his/her conviction after having ordered, if necessary, all investigative measures he/she considers appropriate. The non-compete clause may be accompanied by a penalty clause, i.e., one which specifies in advance the amount of compensation that will be owed by the employee if the non-compete clause is breached. Where an employer is considering dismissing a number of employees for non-personal reasons, it must follow the specific procedure applicable to collective dismissals on economic grounds. The works council is in charge of the company’s social and cultural activities, for which a budget is assigned by the employer. The duration of the Labour Court procedure varies depending on whether the four judges have reached a decision or not. An employee bound by a post-contractual non-compete obligation must indeed receive financial compensation (cf. A trade union is representative within a company if it meets the statutory criteria (respect for republican values, independence, financial transparency, a minimum of two years’ existence, influence, members) and if it obtained 10 per cent of the votes cast in the most recent elections for works council members. If the dismissal is considered as deprived of a real and serious cause, the employee will be entitled to receive damages. Discrimination is prohibited both by the Labour Code (section L.1132-1) and by the Criminal Code (sections L.225-1 to L.225-4). During paternity leave, the employee receives an allowance paid by the French Social Security. Rules governing works councils have been significantly modified by a decree entered into force on September 22, 2017. The working day may not exceed 10 hours. To do so, he/she must inform his/her employer within a delay of one month as of the date the employer discloses the existence and the content of the agreement. Domestically, the main sources of employment law are the French Labour Code (as interpreted by case law), collective bargaining agreements, employment contracts and companies’ internal regulations. Dismissed employees who have at least one year’s service are entitled to a legal dismissal indemnity amounting to one-fifth of the monthly salary for each year of service for the first 10 years and two-fifteenths of the monthly salary for each subsequent year. Besides, the process before the Labour Court begins with a so-called “conciliatory hearing”. 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