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.
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
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
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
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
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
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
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
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
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