Drafting the tripartite agreement in the event of an intra-group transfer: employers must take extra care (Soc., May 7, 2024, n°22-22.641)
Facts: In 2011, an employee was hired by SARL FNI as a Mc Donald’s restaurant manager. Following the sale of
Equal treatment of teleworking employees: Soc., April 24, 2024, 22-18.031
Facts: Due to the pandemic, SA Enedis, a subsidiary of EDF, set up a “business continuity plan” on March 12,
Decision of the day: PSE, the Conseil d’Etat (CE) has ruled on the Gazel Energie Génération case (CE April 12, 2024 n°459650). The decision is of particular interest with regard to the criteria used to determine the order of redundancies, and the health and safety aspect.
The green light given by the Labour administration was contested in particular on the following points: Dismissal criteria The unilateral
Verbal announcement of dismissal concomitant with notification of dismissal: precautions to be taken to avoid the risk of dismissal without real and serious cause (Cass. soc. April 3, 2024, n°23-10.931)
Facts: The employee was notified by letter of his dismissal for gross misconduct on February 7, 2019. On the same
Alexandra Stocki ranked in Band 3 of the Chambers Ranking and recognized as a Leading Individual by Legal 500
The firm is proud to announce that Alexandra Stocki, founding partner: Legal 500 also ranks our firm in the “Firms
Collective agreement on the PSE (job protection plan): a very interesting decision by the Conseil d’Etat (CE) on April 3 on the possibility for the employer to regularize a collective agreement and on the consequences of modifying the economic reason discussed with the elected representatives.
Facts On July 13, 2021, the General Manager of the Fédération Française de Football (FFF) signed a collective agreement concerning
Ruling of the day: Dismissal for inaptitude of non-occupational origin has real and serious cause when it follows the refusal of a reclassification proposal in line with the occupational physician’s prescriptions. The Cour de cassation draws the consequences of the presumption resulting from the law of August 8, 2016 concerning the employer’s obligation to reclassify in the event of the employee’s unfitness (Soc. March 13, 2024, n°22-18.758).
The facts: a reclassification proposal in line with the occupational physician’s recommendations, but involving a change of contract. An employee
Ruling of the day: the French Supreme Court once again modifies the basis for calculating severance pay in the case of an employee assigned to a foreign subsidiary (Soc., March 6, 2024, no. 22-19.879).
FactsAn employee was hired by the Vinci company before being assigned to a Moroccan subsidiary. Following his dismissal for economic
Evening debate on paid leave – AFDT
March 20, 2024 The Association Française de Droit du Travail et de la Sécurité Sociale (AFDT) is co-organizing, with Université
Equal pay for men and women: case law that could lead to greater fairness – DAF Magazine
To prove gender-based pay inequality, pay slips can be requested in court, according to a ruling by the French Supreme