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Employment law : wrongful dismissal and Macron indemnification scales

Employment law : wrongful dismissal and Macron indemnification scales

by Holfran Edition | Jul 30, 2019 | article, news

The French Court of Cassation confirms the validity of the indemnification scales without ending the lower courts’ rebellion On the 17th July 2019, the French Court of Cassation has issued an official opinion (opinion No. 15013) in favour of the validity of the...
Conventional termination of employment contracts and assistance of the employer and employee

Conventional termination of employment contracts and assistance of the employer and employee

by Holfran Edition | Jun 20, 2019 | article, news

A conventional termination is not void when the employer was assisted by a third-party during the meetings, except if the non-assisted employee has been constrained In a decision dd. 5th June 2019 (case No. 18-10.901), the French Court of Cassation judged a case in...
Employees’ travel time in a secured work compound upon arrival at work – no “effective working time”

Employees’ travel time in a secured work compound upon arrival at work – no “effective working time”

by Holfran Edition | May 24, 2019 | article, news

The time spent by the employee in security checks and in a shuttle upon arrival at the work site does not qualify as “effective working time” when the employee is not at the employer’s disposal. Effective working time is the time during which the employee...
Abrupt termination of business relationships – changes with the French ordinance No. 2019-359

Abrupt termination of business relationships – changes with the French ordinance No. 2019-359

by Holfran Edition | Apr 29, 2019 | article, news

The purpose of this new reform is to reduce the amount of ongoing litigation concerning abrupt terminations through codification of some judicial practices and some legal simplification. It is unlikely however that its aim will be reached. French Ordinance No....
Compensation for termination of commercial agency contracts during the trial period

Compensation for termination of commercial agency contracts during the trial period

by Holfran Edition | Mar 29, 2019 | article, news

The termination of agency contracts during the trial period does not deprive the agent from compensation – first applications of the new case-law On the 8th of Nov. 2018, the Commercial Court of Dijon (France) held that if a contractor enjoyed the position of...
Challenges to the Macron indemnification scales

Challenges to the Macron indemnification scales

by Holfran Edition | Feb 13, 2019 | article, news

The so-called “Macron scales” were meant to offer companies with some degree of foreseability in case of wrongful dismissal – scaled indemnifications thus became applicable, depending on employees’ seniority. This reform continues to be heavily...
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