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Newsletter February-March 2018

Follow-up of our synopsis of the Macron ordinances reform in labour law, after the study, in January, of the aspects concerning the breach of employment contracts. The Ordinance n°2017-1386 of September 22nd, 2017 concerning the new organisation of the social and economic dialogue in the company and promoting the exercise and value of the union…
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Newsletter of Cazeau & Associés Law firm – January-February 2018

The last measures of the French labor law reform which were still to be implemented have entered into force on 1st January 2018, giving us a good opportunity to carry out a quick overview of the key aspects of the reform. I. Redundancy 1. Grounds for redundancy Decree No. 2017-1387 of 22 September 2017 on…
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Workshop on labor law (2018)

On January 30th and February 2nd, our firm held two workshops – in French and Spanish – on the recent French labor reform, with a special focus on the termination of employment contracts. We would like to thank all the participants for coming and for the very productive talks we had. Our slides in French…
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The Conventional Collective Break: It's not so easy!

At a time when media resonate the initiatives on the Collective Agreement Termination (CAT) envisioned by certain groups in France, a short update seems necessary to remind that no, the mechanism implemented by the Macron Ordinance of September 22, 2017 is not a miracle solution, denounced by some people, that would allow companies to notify…
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“Forfait jours”: case from the French Social Chamber of the Court of cassation from April 24, 2013: the provisions contained in the collective agreement SYNTEC are insufficient

In this case from April 24, 2013, the French Court of cassation reinforced its case law concerning the requirements for a “convention de forfait en jours” (a convention employing someone on a number-of-days-per-year basis), which it has developed since 2011. In the case, a managerial employee who benefited from a convention de forfait en jours,…
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Executives employed on a number of working days/year basis in France (cadres au forfait-jours)

Executives employed on a number of working days/year basis in France Careful with the applicable law Many companies employ their executive personnel on a number-of-days-per-year basis. This contractual possibility was created by the Aubry law reducing the legal working time to 35 hours. This employment modality is designed for the “cadres” employees whose working time…
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Operations base and attachment of employees to the national territory : a comprehensive concept ?

This question is asked in the light of certain trends by the competent authorities, which have been noted in this direction during inspections on French territory.

From matrix management… To status as Co-employer

In a decision dated 15 April 2008, the Conseil de Prud’hommes (Employment Tribunal) of AUBENAS acting as a decisional panel, handed down a very interesting decision with respect to determination of status as employer, in an international group.