4.3       What rights does a woman have upon her return to work from maternity leave? In addition, even if content was not marked as “personal” or “private”, it cannot lead to a disciplinary sanction if it appears that it actually falls within the scope of the employee’s private life. French workers have won the right to ignore business emails that arrive after hours. Since March, proposed labor reforms aimed at loosening the vast labyrinth of labor regulations — contained in France’s 3,689-page “Work Code” — … Calling and organising these elections is subject to specific rules and notably includes the negotiation of an agreement on the election procedure. question 6.6). Trade unions have the monopoly of presenting candidates at the first round of the election of the works council members. If possible, verify the text with references provided in the foreign-language article. 4.1       How long does maternity leave last? question 2.2) also attend works council meetings. If the dismissal is considered as deprived of a real and serious cause, the employee will be entitled to receive damages. 8.2       Do employees have a right to obtain copies of any personal information that is held by their employer? 16 weeks for a single birth in a family with two children in total; 26 weeks for a single birth in a family with at least three children; 10 weeks for the first two children joining the family; 18 weeks where the adoption brings the number of children in the family to three or more; and. 6.3       What protection do employees have against dismissal? 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? How are different types of worker distinguished? 6.8       Can employers settle claims before or after they are initiated? The maximum working day may be extended to 12 hours under a collective agreement. Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and the Matignon Accords (1936). 3.6       What remedies are available to employees in successful discrimination claims? At the end of the maternity leave, the employee is entitled to return to her previous job or a similar job with at least equivalent pay. Since a decree entered into force on September 22, 2017, there is a minimum and maximum amount of damages depending on the employee’s seniority. Except for when the transfer is part of a social plan, employers are obliged to transfer employment contracts automatically to the new employer. 22 weeks for multiple adoptions regardless of the number of children in the family. If so, what are the main rights and responsibilities of such bodies? Confidentiality: The duty of confidentiality is an extension of the duty of loyalty. The aim of the job protection plan is to limit the number of dismissals or limit the impact of these dismissals on the professional career of employees. 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. They are immediately applicable to companies that are members of the signatory trade unions. Salary is nevertheless paid. The notice period is fixed by law, collective agreement and/or employment contract. Instead, there is a presumption of and desire for indefinite term employment relationships. Staff representative bodies and/or employees may also take advantage of such violation (for instance, to challenge the validity of a dismissal that would rely on information that the company could not validly hold). Classification of labour laws … With the occasional exception, the procedure before the Labour Court consists of two phases: Introducing a lawsuit before any jurisdiction in France is no longer subject to a tax. This charter sets out the hours in which staff are not supposed to send or answer emails.[4]. What are the remedies for a successful claim? Where they are unable to do so, the case will be referred to another judgment hearing chaired by a “departition judge” (who is a professional judge). Indeed, only a very limited exception (if extraordinary circumstances justify it) allows employers to access “personal” or “private” contents. This action may now be brought within one year of the termination. 5.1       On a business sale (either a share sale or asset transfer) do employees automatically transfer to the buyer? An employee with at least one year’s service may ask for parental leave (partially compensated for by the Social Security) or reduced working hours. Concerning part-time contracts concluded as of July 1, 2014, the working time must be at least either 24 hours per week as provided by law, or a shorter duration provided by a collective agreement, except in specific cases provided by law or collective bargaining agreement (such as an explicit request of an employee for personal reasons or to have several jobs, a student status, etc.). An employee bound by a post-contractual non-compete obligation must indeed receive financial compensation (cf. In what circumstances is an employee treated as being dismissed? Any person who carries out paid work in the context of a relationship of subordination is classified as an “employee” and is protected by employment law rules. Failure to comply with this duty is sanctioned by a penalty corresponding to two per cent of the sale price. Any such dismissal would be null and void and would entitle the employee concerned to be reinstated and to claim compensation for the damage suffered. Within their general obligation to provide information to employees on how they use their data, employers should provide specific information on such transfers. 1.2       What types of worker are protected by employment law? Employees are also represented at board level by one or two representatives, holding voting rights, in public limited companies (“société anonyme” in French) and in limited partnerships with shares (“société en commandite par actions” in French) when such a company and its direct or indirect subsidiaries employ, at the end of two consecutive financial years, at least 1,000 employees (if the registered office is located in France) or at least 5,000 employees (if the registered offices are located in France and abroad) and when such a company is subject to the implementation of a works council. The Labour Court will then decide whether the termination amounts to a dismissal without cause or to a resignation. one-quarter for a company with less than 11 employees; two consecutive quarters for an enterprise with at least 11 employees and less than 50 employees; three consecutive quarters for an enterprise with at least 50 employees and less than 300 employees; and. President Jacques Chirac finally had no choice but to repeal it. Mixed shift of seven and a half hours — 45 hours a week. Employment laws in France also regulate the labor collective relations and protect the employees from unemployment and precariousness by strictly regulating the social contributions of the employers and the layoffs’ conditions. Where the employer is considering dismissing at least 10 employees during the same 30-day period in a company employing more than 50 employees, it must also propose a “job protection plan” (“plan de sauvegarde de l’emploi” in French), about which the works council must be informed and consulted. The LSL regulates firstly working conditions and secondly the workplace safety and hygene. 6.1       Do employees have to be given notice of termination of their employment? 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. For instance, their remuneration must be equivalent to that of one of the employees holding an indefinite-term employment contract. The federal government, as well as most state governments, have laws that define child labor. Under the European General Data Protection Regulation (GDPR), complemented in France by a law dated January 6, 1978 (amended accordingly), employers need to implement a comprehensive compliance programme in order to meet the many requirements provided for by this regulation with respect to the use of their employees’ personal data (implementation of privacy principles including fairness, transparency, minimisation, data security, running prior data protection impact assessment of sensitive processing, drafting policies, documenting processes, etc.). 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. 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