How do the new French containment and proposed emergency measures impact employers?

The French Government announced wide-ranging containment measures for Covid-19 on 16 March 2020. It has also published an Emergency Bill that includes measures to mitigate and manage the impact of the pandemic. This article examines how they affect employers.     On the evening of 16 March 2020, the French Government issued a decree setting out the new containment measures necessary to limit the spread of the covid-19 virus.  For the time being, these containment measures do not limit…

France – Zero tolerance of alcohol in the workplace can be legal

When there is a high risk to employees or third parties, employers are entitled to prohibit the consumption of alcohol, including outside the workplace, for certain categories of workers, according to a recent judgement. In France, alcoholic beverages such as wine, beer, cider and perry are allowed in the workplace. Other alcoholic beverages are prohibited. In circumstances where the consumption of these authorised drinks is likely…

France - The ‘Macron scale’ challenged in labour tribunals’ rulings

Giving employers a better view of the costs they must bear in the event of an unfair dismissal was the main argument of the French government when a scale was implemented by one of the so-called Macron orders dated 22 September 2017 (N°2017-1387). This scale, setting up minimum and maximum damages awards, should ultimately have a positive impact on employment, especially in small and medium-sized…

France: EUR 50 million fine for data protection violations

On 21 January 2019, the French Data Protection Authority (the ‘CNIL’) fined Google EUR 50 million for lack of transparency, inadequate information and failure to obtain valid consent for ad personalisation in violation of the GDPR. The violations of the GDPR noted by the CNIL The fine followed an investigation carried out by the CNIL, as a result of a joint complaint filed by the…

France: What is the law on age discrimination?

This article describes the current state of the law on age discrimination in the workplace in France, how claims are processed and the potential penalties for employers. French age discrimination legislation has been thrown into the spotlight in light of the most recent national measures on the employment of older workers (derived from a national inter-industry collective agreement and a government policy on the employment…

France: New items for 2018 French HR agenda

Pursuant to various HR law reforms in 2017, most of which are applicable as of 2018, your HR department will need to take immediate action to bring your company into compliance. Here is an overview of the most significant measures. Goodbye Works Council, hello Social and Economic Committee! In all companies, Staff Delegates, the Works Council and the Health and Safety Committee must be replaced…

UK, France, Ukraine: Accidents In The Workplace

This article provides an overview of the international occupational health and safety regulatory frameworks and the employer’s duties and potential penalties that exist in Ukraine, the UK and France. It was first published in International HR Adviser in January 2018. Accidents in the workplace take place more often than most people realise. It is important that employers are aware of their liabilities and responsibilities to…

France: The labour law reform

Following his election, President Macron announced major reforms starting with a large-scale overhaul of labour law. So, what are the most important changes that will impact your day-to-day HR management? The main goals of this reform are to provide more security for work relationships, to give companies more flexibility, more power to negotiate working conditions directly with employees and to reduce their financial exposure in…

France: Major changes to whistleblowing laws

Until recently, there was no obligation to implement a whistleblowing policy in France. However, when such a policy was put in place very strict regulations applied. These included obtaining prior authorisation, which was only very reluctantly granted, from the French data protection agency (the “CNIL”). Law of 9 December 2016 on transparency, the fight against corruption and the modernisation of the economy (referred to as…

Religion in the workplace: French perspective

The European Court of Justice (ECJ) recently issued two rulings, on 14 March 2017, regarding religion in the workplace, one a Belgian case, the other a French one. On 15 March 2017, we reported on the Belgian case in detail (see: European Court of Justice Rules for the first time on Discrimination Based on Belief). In what follows, we set out our reaction to the…