Welcome to Employment and Job Law Guide
Employment Law Court Cases Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
You may also listen to this article by using the following controls.
Overview Employment Law in France – Vive la Difference!
from:This is an overview. Employment law in France is so different from anywhere else, that you will be quite surprised. Mostly the differences relate to, on overview, employment law in France being governed by common law.
In this short article you'll find out that on overview, employment law in France is not considered to be at will, meaning as one chooses or pleases. That means being fired can only happen based on demonstrably and limited objective grounds. These reasons must be brought to the attention of the employee in writing.
Again, on overview, employment law in France insists that dismissals are subject to stringent, and often bureaucratic, procedural statutory constraints. Very formal, very proper and very convoluted.
Another area to take a look at to see what differences there are in French employment law compared to other countries would be lay-offs – a short overview. Employment law in France requires that lay-offs (also termed redundancies) for economic reasons must adhere to separate and complex procedural and substantive constraints. This would be more so in the case of mass layoffs.
One very interesting thing about French labor law is their movement towards a legal climate where the French entity – as opposed to the group to which it belongs – must be in really bad straights financially to justify laying off staff or making them redundant. Having said that, there are also several French State agencies that have a statutory right to be told (and even in some cases authorize) proposed layoffs by private sector employers.
This two-tiered system of firing people does have some safeguards attached to it – as in the company wanting to implement layoffs at least has to run it by another independent agency. While that may not ultimately stop the layoffs, it does give them a second chance.
In France it is also very easy and really inexpensive for an employee to start a lawsuit against his/her ex-employer. The courts they file suit in are usually comprised of lay judges elected from employer/employee organizations. These Labour Relations Courts are called Conseils de Prud'homme. Obviously there are great differences between this procedure and the one used in the US where it would cost an arm and a leg to even put a case together, never mind get it to trial.
In France it is also a rarity for claims to be dismissed without any award being made against the employer. And this is definitely not like law in the US. When awards are made under French law, they're calculated with so many different variables, its almost done on a case-by-case basis.
Employment Law Court Cases News
Ohio Supreme Court upholds state's indoor smoking ban
A Columbus bar had argued that the state's ban on indoor smoking at places of employment was unconstitutional.
Read more...Firing by Hillsborough property appraiser could cost taxpayers
When Hillsborough County Property Appraiser Rob Turner fired his human resources manager — who was also his ex-girlfriend — this week, he left taxpayers potentially liable in a retaliation lawsuit, labor lawyers say.
Read more...Manitoba's first mental-health court begins hearing cases
The new mental-health court in Manitoba was established to focus on cases where mental-health issues were a factor in a crime.
Read more...African American Employees Claim Race Discrimination & Discriminatory Employment Practices In Law Suit against Anne ...
African American Employees Claim Race Discrimination & Discriminatory Employment Practices In Lawsuit Against Anne Arundel County Public Library Suit filed in the Circuit Court for Anne Arundel County, Maryland. By George Rose, Esq., Counsel for Plaintiff's. ...
Read more...Union takes Affco to court over lockouts
The Meat Workers Union says meat company Affco is breaking the law, ahead of a five-day Employment Court hearing to determine if lockouts are legal.
Read more...New York Employment Law Firm Prevails on Behalf of Client, Wins 1.6M Award for Sexual Orientation Discrimination Case
New York employment law attorney Derek T. Smith of the Derek T. Smith Law Group, P.C. successfully pursued a sexual orientation discrimination case on behalf of a Manhattan chef claiming her former employer harassed her for being a lesbian, winning her a total of 1.6M in damagesNew York, NY (PRWEB) April 27, 2012 Derek T. Smith Law Group, P.C. ...
Read more...