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Terminate an employee’s probation period or dismiss them? That is the question!
One of the main advantages of a probation period is that it means an employment contract can be terminated without having to give specific reasons. However, if the employee is notified about the termination after the probation period has expired, in reality it’s a dismissal and if no written reasons are given it will be deemed to be unfair. In
Fake sick notes – what can employers do about them?
There are some situations where an employer can legitimately question whether an employee is actually sick, especially if the employee concerned has a grievance against the company. Under French law, a company can verify an employee’s state of health if, and only if, it makes top-up payments to the state-paid sick leave benefits so the employee still gets a certain
Telework – how to tell the difference between a domestic accident and a work-related accident?
The rise in teleworking has inevitably seen the occurrence of accidents that happen to employees when working at home. These home-based employees have the same protection as employees working on the company’s premises. An accident that occurs “at the place where teleworking is carried out” and “while performing a professional activity” is presumed to be a work-related accident (Article L.
Information document on the employment relationship
Since 1 November 2023, companies have to comply with a new formality when hiring employees. Yet another one! Even though this new obligation still raises questions, we suggest preparing the ground so that you are not caught off guard when an employee asks you for information! New obligation. When entering an employment agreement, the employer must now provide the employee
BONUS SCHEMES: SHOULD THEY BE TRANSLATED INTO FRENCH?
Not so long ago, our law firm defended a case where the industrial tribunal had sentenced a company based on the Ordinance of Villers-Cotterêts, which imposed the use of French in all official acts in… 1539! Yes, from the 16th century, the epoch of King François I! This reference to a legislative text that is nearly five centuries old made
I HIRED AN UNDOCUMENTED WORKER!
Hiring an employee who does not have a work permit can happen without even being aware of it. So, the company may have relied on a residence permit that proves to be false or belongs to another person. Less obvious, an employee may slip under the radar because they were initially hired by a subsidiary in another European country and
REQUEST FOR CLARIFICATION REGARDING THE GROUNDS FOR DISMISSAL? WARNING: DANGER!
The letter of dismissal is the cornerstone of litigation surrounding the termination of an employment contract. So when a recently-dismissed employee asks for clarification regarding the grounds for his dismissal, this should ring the alarm bell and prompt you to cast a critical eye over the dismissal letter that you’ve just sent (Employment Code, Article L.1235-2). Indeed, there can only
3 PIECES OF ADVICE ON HOW TO SUCCESSFULLY DRAFT A LETTER OF DISMISSAL FOR INCAPACITY
Intro LinkedIn: Dismissal on grounds of incapacity is riddled with pitfalls. Current events have given me an opportunity to focus on the letter of dismissal and remind you that the merits of dismissal can sometimes hang by a thread: a simple verification or word… which is not set out in any legal text! In this article, I present three tips
THE VENOMOUS APPEAL OF INTRA-GROUP MOBILITY CLAUSES
Our clients are often surprised by the absence of an intra-group mobility clause in the model employment contracts that we draft for them. In other words, a clause that would enable them to transfer an employee from one subsidiary to another, sometimes abroad, where and when needed by the group and the development of the employee’s career. Indeed, not only
EMPLOYING SECONDED PUNLIC SECTOR WORKERS: THE CULTURE SHOCK
Among the gateways imagined by the public sector to enable its employees to work in the private sector, secondment is a very popular formula. Indeed, it has numerous advantages: the company can maintain the relationship over time (“long-term” secondment can be renewed indefinitely). As for the public sector workers, they can enhance their professional experience and receive attractive remuneration while