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Publications

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.