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ARTICLES

“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, handed in her resignation. The employer brought an...

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. The facts were as follows : The French company BSA, wholly-held by the NOVOCERAM company, had planned to close its production...