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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
SINGLE OCCUPATIONAL RISK ASSESSMENT DOCUMENT: WE DID EVERYTHING EXCEPT THAT!
That’s what a disheartened director told me when I was carrying out a compliance audit. This single occupational risk assessment document, rather enigmatically called a DUERP (Document Unique d’Evaluation des Risques Professionnels) in French is often at the end of the “To Do” list of legal formalities. Good news! The health insurance service has put a well-constructed interactive tool on
LETTING A HUMAN RESOURCES SITUATION FESTER: THE PRICE OF INACTION
Some directors believe that they are safeguarding their businesses by not parting with employees that pose problems. They just make do: changing the employee’s department when it is no longer possible to keep them in their current position, making compromises and keeping their fingers crossed in the hope that, should an improvement seem to be elusive, the situation does not
HAVE YOU EVER THOUGHT THAT YOU MIGHT BE RECORDED DURING YOUR MEETINGS WITH EMPLOYEES?
This is commonplace, not to say systematic. Up until now and, we believe, moving forward, the process can be considered as questionable and therefore unusable. For example, how can the identity of the person recorded be guaranteed? Is it a complete and faithful recording? Besides which, the industrial tribunal does not have a no-holds-barred approach. And yet, there is no
PRESIDENT OF AN ASSOCIATION: ARE YOU CONSIDERING IMPLEMENTING A DISMISSAL PROCEDURE? HAVE YOU THOUGHT ABOUT CHECKING THE SCOPE OF YOUR POWERS?
In principle, the president of an association can sign a dismissal letter without having to seek the prior authorisation of the board of directors, unless provided otherwise in the articles of association (Cass. Social Chamber, 23 March 2022, n° 20-16.781). What happens when the articles of association are silent on the question of dismissal (as well as the question of
YOU HAVE JUST SIGNED THE MUTUALLY-AGREED TERMINATION OF YOUR CONTRACT. DID YOU THINK ABOUT REMOVING THE NON-COMPETITION CLAUSE?
If the employer intends to waive enforcement of the non-competition clause, then this must be done, at the latest, by the termination date set out in the agreement, notwithstanding any stipulation or provision to the contrary (Cass. Social Chamber, 26 January 2022, n° 20-15.755). Thus far, the Court of Cassation has accepted that the anticipated timeline for waiving the clause commences
HAVE YOU CONSIDERED ASSESSING YOUR EMPLOYEES’ WORKLOAD AS A FIXED NUMBER OF WORKING DAYS?
The first half-year is now over and many collective bargaining agreements on the fixed number of working days anticipate a half-yearly interview to monitor employees’ workload expressed as a fixed number of working days. The application of this fixed number of working days may be pushed aside without the monitoring interview. This would mean that the employee reverts to a