Jurisdiction: France
Employment Insight: Bystander actions – the next frontier for managing behaviour at work
If you’re an observer of current affairs, you’ll have noticed a new social phenomenon of commuters taking videos of racial abuse by fellow passengers. Initially, there was outrage at the footage – why was no-one around the victim doing anything? … Continue reading
Important changes to employment law in France
Last week the French Parliament adopted a major employment law which will have a significant impact on companies with a workforce in France. Key provisions of the new law for employers include: greater certainty in relation to the timing of collective … Continue reading
Filed under Employment law reforms, Jurisdiction: France
Important change for hotel, café and restaurant businesses in France: automatic transfer of employees on a change in service providers
There has been an important change to the provisions of the national collective bargaining agreement applying to all hotel, café and restaurant businesses in France, following an agreement reached between the employer and employee representatives of industries in this sector … Continue reading
Filed under Jurisdiction: France, TUPE
CRD IV – EU Bankers’ Bonus Cap
The European Commission intends to replace the existing Capital Requirements Directive (2006/48/EC and 2006/49/EC) (CRD) with a regulation and a directive: the proposed Capital Requirements Regulation (CRR) and the proposed CRD IV Directive. The detailed EU report on the proposal … Continue reading
Filed under Jurisdiction: France, Jurisdiction: Spain, Jurisdiction: UK, Remuneration
France: new rights to workers and greater flexibility to employers
After several months of negotiations between the French social partners, employers’ associations and employee trade unions, a national inter-professional agreement on French employment was reached on 11 January 2013. This agreement, approved by all employers’ associations and 3 out of … Continue reading
Filed under Employment law reforms, Jurisdiction: France
EU gender directive passes subsidiarity test
As previously reported, on 14 November 2012 the European Commission adopted a proposal for a gender Directive which plans to introduce a 40% “minimum objective” for the proportion of female non-executive directors (“NEDs”) on EU listed companies. The European Commission announced today … Continue reading
Pay in lieu of holiday: EU law allows calculation using pay rate applicable when accrued
Employers may be able to pay in lieu of accrued but unused annual leave on termination only at the rate of pay applicable during the period the leave was accrued, rather than the rate applicable at the date of termination. … Continue reading
EU publishes draft directive on board gender diversity
The European Commission has published a draft Directive which aims to improve gender diversity on boards of EU listed companies. The draft sets a 40% “minimum objective” for the proportion of female non-executive directors. The proposal also requires companies to publish targets for female representation among … Continue reading
Europe: Fixed-term employees: claims based on former fixed-term status permitted
Employers should not disadvantage an employee due to their former fixed term status. The ECJ has ruled that EU law permits employees to bring claims for detrimental treatment occurring after they have ceased to be fixed–term, where the reason is … Continue reading
Europe: Collective redundancy consultation: ECJ fails to rule on trigger due to lack of jurisdiction
Uncertainty remains over the trigger point for collective redundancy consultation where a strategic business decision foreseeably or inevitably leads to redundancies. It had been hoped that the ECJ would provide some much needed clarity on this issue following the Advocate-General’s … Continue reading
