Archives: Employment (France)

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The legality of employee strike action

Welcome to Reed Smith’s Monthly Global Employment Law blog post. This month’s post covers the legality of employee strikes in five key jurisdictions: France, Germany, Hong Kong, the UK and the United States. France According to the French Supreme Court, a lawful strike action is defined as a collective cessation of work, the purpose of … Continue Reading

Whistleblower Protection Around the World

This post was also written by Claudia Röthlingshöfer. Welcome to Reed Smith’s monthly global employment law blog post. This month’s post covers the protection afforded to whistleblowers around the world. France Under French law, employees cannot be sanctioned, dismissed or be subject to direct or indirect discriminatory measures (especially concerning salary, training, reclassification or appointment) for reporting … Continue Reading

France: Code of Conduct compliance breach is not automatically a sufficient reason for employee termination – Employers should be cautious of a ‘right’ local implementation of compliance guidelines

Our Global Regulatory Enforcement colleague Daniel Kadar wrote a blog post discussing the French Supreme Court’s (‘Cour de cassation’) ruling over a case that should remind any international organization that the worldwide adoption of compliance guidelines and of a Code of Conduct is not in itself a sufficient protection against compliance breaches: everything depends on how these … Continue Reading

New challenges for global groups with French operations

De-industrialization is the hot theme of the presidential campaign, regardless of the political spectrum. Solutions brought forward by candidates are more or less concrete, more or less likely. They show little if any understanding of how globalization has made the world a village, through internet and its ability to give instant access to comparative data … Continue Reading

Joint-employment – A new challenge for international groups established in France

U.S. employers with French operations must focus carefully on their investment or divestment operations. Through the " joint employer theory " employees of a French company can now pierce its corporate veil to hold the ultimate parent, even one based in the United States, liable for restructuring costs, including severance packages and damages for unfair … Continue Reading

Defending Employers Against Corporate Veil Piercing and Tiptoeing Out of France

U.S. employers with French operations must focus carefully on their investments or divestment operations. Through the “joint employer theory,” employees of a French company can now pierce its corporate veil to hold the ultimate parent, even one based in the United States, liable for restructuring costs, including severance packages and damages for unfair dismissal. The French … Continue Reading

Recent Discrimination Rulings – Potential Risks for Global Employers

This post was also written by Michaela L. Mc Cormack. On November 2, Nicolas C. Sauvage gave a seminar at top French business school HEC as part of the new specialized executive Masters programme for international Human Resources Directors, “Human Resources Management & Sustainable Development.” Nicolas’ presentation covered the themes of diversity and discrimination, retracing the … Continue Reading

Reed Smith Employment Attorney Expands Social Media Advice to France in New Edition of White Paper

Nearly everyone has become a part of the social media phenomenon that includes Facebook, Twitter, MySpace and other websites. The growth of social media has been staggering. However, along with that growth comes new legal risks, including employment issues, which we haven’t seen before. As you may know, in fall 2009, we published a social media white … Continue Reading
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