France: International Employment Update: New Legislation (France) - February 2010

Last Updated: 23 March 2010
Article by Christopher Ivey

Originally published February 2010

Decree N° 2010-64 Of 18 January 2010, Modifying Article D1234-6 Of The Labour Code - Changes In Training Rights And New Requirements For Employees' Work Certificates

Employees accrue training rights throughout their employment contract, and where they have not used these rights before termination, can continue to benefit from the funding corresponding to the number of hours accrued in order to benefit from training sessions. This has recently been extended to enable employees to benefit from these rights after the end of their employment contract, provided that their termination enables them to benefit from unemployment benefits.

It has always been necessary to inform employees of the number of hours accrued during their employment. Now, pursuant to Decree n° 2010-64 of 18 January 2010, employers must include the following indications in the work certificate:

  • The number of hours the employee is entitled to;
  • The sum corresponding to this number of hours (on the basis of €9.15 per hour); and
  • The relevant OPCA training organisation which will finance the employee's training during periods of unemployment.

Employees can still request to use their training rights during their notice period, in which case the company is required to finance the training session, up to the cost of the relevant number of hours. The cost for the company has now been altered and amounts to €9.15 per hour of training rather than 50% of the employee's net salary per hour.

REPORTED CASE LAW

Cass. Soc. 02/12/09 N° 08-44656 - Length Of Service Shorter If The Employee Accepts The CRP

Contrary to the case law applied to the previous State-run redeployment scheme that redundant employees were entitled to, the Cour de Cassation has held that the calculation of an employee's severance pay should not take into account the notice period that would have been due if the employee had refused the Personalised Redeployment Agreement (Convention de reclassement personnalisée - "CRP"); the date of termination of the employment contract being at the end of the employee's 21-day decision period.

This therefore results in a reduction of the employee's length of service, and therefore a reduction in severance pay.

Cass. Soc. 13/01/10 N°08-15776 - Only The Employer Is Bound By The Obligation To Redeploy Employees And Draw Up A Collective Redundancy Plan

The French courts have consistently held that where a company which is part of a larger group makes employees redundant, it is required to search for redeployment opportunities within the entire group, not just the employing company itself with this obligation extending beyond French borders to other group companies abroad.

In the instant case, it was held that the requirement to search for redeployment and draw up a collective redundancy plan in line with the group's means is only binding on the employer itself. As such, another group company cannot be held liable if the employing company does not comply with its obligations.

This case is particularly relevant to company closures, where the employing company is wound up and as such no longer exists. The employing company not being able to engage another group company means directly, it cannot be required to do so.

This does not mean that the employing company is not required to propose redeployment in other entities, but simply limits other group companies' liability in the event that insufficient steps are taken to do so. The employing company remains liable for insufficient measures.

Cass. Soc. 25/11/09 N° 08-43008 - Renewal Of Trial Periods: The Employee Must Confirm Acceptance, Not Simply Sign A Renewal Letter

It is only possible to renew an employee's trial period if the employee accepts this renewal. This is the consistent case law applied by the French courts, therefore any renewal that is imposed on an employee can be considered as invalid, the employee therefore automatically being definitively hired and any termination being subject to termination procedure.

In this decision of 25 November, the Cour de Cassation held that where provided for by the employment contract, the trial period could indeed be renewed if the employee was in agreement. However, the issue as to what defines agreement was raised. It was held that simply signing a letter drafted by the company confirming that the employee's trial period was to be renewed was insufficient to demonstrate the employee's agreement. Although the court did not specifically state what would constitute agreement, it has been held in other cases, and therefore can be applied by analogy, that the employee must hand-write that they expressly accept the renewal.

This adds an additional formality for the company, but it is important to comply with this as failing to do so would result in the second trial period not being valid, and the employee therefore being definitively hired.

Cass. Soc. 18/11/09 N°08-43397 - Transfer Of Business: No Obligation To Inform Individual Employees, No Direct Effect For The Directive

Employees who were transferred to a transferee company through ARD transfer rules claimed damages for not being informed prior to the transfer, as required by the Directive 2001/23/EC.

The Cour de Cassation held that under French law there is no obligation to inform individual employees of their transfer, which is automatic and cannot be refused by the employees as in certain other States. Individuals cannot rely on the Directive directly in order to impose obligations on other individuals. Indeed, Directives cannot have horizontal direct effect (against another individual), and are only vertically directly effective (i.e. against the State and emanations of the State).

Despite this decision, we would always recommend informing employees of their transfer, for reasons related to human resource management.

www.twobirds.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions