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Alambret publishes article on the decrease of litigation cases before the labor court in France.

Recent figures issued by the French ministry of Justice point out a decrease of litigation cases before the labor court. What are the reasons of such a trend? The French government outlines the positive impact of the Macron’s reforms. On the other hand, Unions replied that now the employees renounce to claim before the labour court. What are the reasons of this decrease? Could you link it or not to political measures?

Francois Alambret recently published an article regarding this subject on Focus RH, a website dedicated to labor and employment topics and specifically to HR directors or managers. Click this link to read it.

https://www.focusrh.com/strategie-rh/organisation-et-conseil/saisir-les-prud-hommes-est-devenu-plus-complique-31482.html

 

Teleworking in Europe and Personal Data Protection

October 11, 2017

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The development of teleworking in Europe has increased the requirement for the protection of personal data. If those two subjects are complementary, they shall not overshadow the other aspects of working relationships’ digitalization.

  • Teleworking Development

Teleworking did not wait for the emergence of the internet to exist but rather has undoubtedly been developed by the combination of the following: the progression in individual technological tools, the individualization of working relationships, and the expansion of urban centers and their resulting congestion.

First, encouraged by employees’ legal claims, companies have organized teleworking through collective agreements and charters (relating to IT or quality of work life), later recognized by trade unions at the European and national level (European framework agreement on telework of 16 July 2002 and the national inter-professional agreement of 19 July 2005). Lawmakers next supervised teleworking through the law of 22 March, 2012, 8 August, 2016 (the work

Alambret Authors Column for l’Opinion on the Government’s choice of reforming the Labor Code through ordinances

François Alambret, Counsel at Bryan Cave, wrote an opinion column regarding the bill allowing the government to change the labor code using executive orders that has been adopted by the French government (“Conseil des ministres”) on June 28th and which was voted on by the Parliament at the end of July. In this opinion column, François mentions the legal and political impact of such a bill that has been listed as one of the top priorities of the French President, Emmanuel Macron.

Here is a link to the article: http://www.lopinion.fr/blog/relais-d-opinion/choix-gouvernement-d-reforme-code-travail-voie-d-ordonnaces-130590

Bryan Cave LLP has a team of knowledgeable lawyers and other professionals prepared to help French employers navigate labor codes. If you or your organization would like more information on this or any other employment issue, please contact an attorney in the Labor and Employment practice group.

Religion in the workplace in France – Part 2

July 7, 2017

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PART 2, Continued from PART 1, posted on June 26, 2017.

What about wearing religious symbols at work? Is this subject to a specific legal framework?

The French Constitutional Council (“Conseil Constitutionnel”) reminds that the neutrality of the State (and its agents) derives from the principle of secularism, which is recognized by the declaration of human and citizens’ rights (“déclaration des droits de l’homme et du citoyen”) and by the Constitution of 4 October 1958 which provides that “France is an indivisible, secular, democratic and social Republic”.

Private companies and their employees are not subject to the same restrictions as the State and its agents. This is borne out by so-called “oriented” companies (eg educational institutions or denominational charities) where religious beliefs are freely expressed.

Can the employer put a limit on the religious expression of his employees (especially regarding clothing) and how can he do so?

The judges of the

Religion in the Workplace in France

June 28, 2017

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PART 1 of 2

Employers and employees seem to be increasingly confronted with the issue of religion in the workplace. Is it just a feeling or a reality?

The upsurge of religion in the workplace is an indisputable reality but its importance must be mitigated. Religion is not the subject of mass disputes and the incidence of such cases is still very minor (3% of all claims submitted to the “Defender of Rights” (“Défenseur des droits”) compared to 17% regarding health and welfare for example).

Is there a legal framework to regulate this phenomenon and, if so, is it sufficient?

There is an existing legal framework but it is difficult to adapt it to diverse situations and it cannot, in any case, resolve all disputes.

On an individual level, employees are protected by the recognition of religious freedom and the subsequent prohibition of any discrimination in this respect. This protection

Macron’s Reforms

Macron’s Reforms

June 8, 2017

Authored by: François Alambret

Emmanuel Macron was elected one month ago promising to reform France’s employment regulations. It’s too early to determine if Mr. Macron will succeed in opening up the French labor market and much will depend on the result of parliamentary elections that will be held in mid-June 2017. However, what are the main reforms that have been proposed by Mr. Macron?

Click here to read the Alert in full.

Bryan Cave LLP has a team of knowledgeable lawyers and other professionals prepared to help employers assess the French labor market. If you or your organization would like more information on this or any other employment issue, please contact an attorney in the Labor and Employment practice group.

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