“The right to provide evidence may justify the provision of elements that are in breach of the right to privacy provided that such provision is essential to the exercise of this right and that the breach is proportionate to the intended ... read more
It is standard practice for suppliers to offer business gifts to the employees of client firms in order to give them incentive to place new orders in the future. However, before accepting gifts, employees need to be cautious and follow their company’s ... read more
Multiple Judicial Courts have ruled in summary proceedings on the essential issue of protecting the health of employees working on-site (1) during the current health crisis. Due to the conditions created by the Covid-19 epidemic, employers shall ... read more
Work instructions must be permanently adapted to the circumstances and employees must be made aware of them. Facing the health emergency generated by Covid-19, the Ministry of Labour stated that “the updating of the “Risk Assessment Document” provided ... read more
Background France has now moved to Phase 3 in its response to the Covid-19 epidemic. Following the announcement of the French prime minister, Édouard Philippe, the French Labour Ministry stated on March 14th 2020 that all companies which business activities ... read more
In the area of labor law, the Action Plan for the Growth and Transformation of Companies known as “PACTE law (1)”, has several consequences, including the simplification of the workforce thresholds (2) specified in the Labor Code (3). Before the adoption of ... read more
While the courts are particularly concerned about the fate of the victims of sexual harassment in the workplace, nonetheless they are careful in accessing the facts which constitute sexual harassment by taking into account both the statutory provisions ... read more
“Entering another employee’s professional email account and reading messages identified as “personal” constitutes a violation of the duties set forth in the employment contract that could result in disciplinary action or even ... read more
In a decision dated May 9, 2019 (1), for the first time, the French Cour de Cassation upheld a mutual termination agreement (rupture conventionnelle) involving an employee declared unfit for his position by the occupational physician (médecin du travail). ... read more
Failure to take care of one’s physical fitness, to comply with the Club’s physical training program and adopt a lifestyle in accordance with one’s profession constitutes serious ” unsporting ” misconduct that justifies the ... read more

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