French employment law update – January 2022

11 January 2022
Jacques Perotto and Maxime Hermes

Stereotype #1: French 35-hour working week

This is the legal working time. However, many other schemes (e.g. working time calculated in days) are possible, as well as the possibility to do overtime. On average, French employees work 39.1 hours a week and executive employees 43.1 hours.

Case law focus: obligation of reinstatement at the end of an expatriation

The French Supreme Court confirmed that the legal obligation of reinstatement at the end of the expatriation only applies when an employee is sent from a parent company to a subsidiary, not between subsidiaries.

Also, contractual provisions on reinstatement are interpreted strictly: beware of the way they are drafted!

French Supreme Court – 10th Nov. 2021, n°20-10.954

Covid update

Taking into consideration the consequent new wave of pandemic, the health protocol at work has been updated:

• a minimum of 3 days per week of remote working is required (when the job is compatible).

• Convivial times are suspended.

• Recommendations on ventilation of premises are reinforced.

Case law focus: variable remuneration

The case law doesn’t include any obligation to negotiate between the company and its employees to set performance objectives. However, when the contractual clause on variable remuneration states that a commitment is made each year to set the employee’s objectives, the employer failing to do so shall pay the maximum variable remuneration provided in the employment agreement.

This decision is a new illustration of the importance to clearly set the variable remuneration conditions (through the contract or a policy) and to apply them strictly.

French Supreme Court – 4th Nov. 2021, n°19-21.005

Remote working: bill proposal to porvide a lump sum and voucher

A proposal has been submitted to the French Parliament to porvide people working remotely with a lump sum and voucher. In the proposal, the lump sum would be up to 600€/year and would be exonerated of social contributions and tax. It could be provided as vouchers, comparable to lunch voucher.

Case law focus: amicable termination

(i) While a situation of harassment is not per se an obstacle to an amicable termination, the latest can be deemed as void if the situation is so unbearable that the employee’s consent to the termination is affected.

French Supreme Court – 4th Nov. 2021, n°20-16.550

(ii) It is not possible to mutually terminate an employment contract outside of an “official” amicable termination process. However, the purpose of a transfer from one company to another within the same group is to continue the contract and not to terminate it, following the amicable termination process is not necessary.

French Supreme Court – 17th Nov. 2021, n°20-13.851

Article of the month: Reorganizations – beyond the law

As technical handling a social plan can prove to be, it is first and foremost a matter of organizing the work within a multidisciplinary team and avoiding pitfalls.

Jacques Perotto and Maxime Hermes present an overview of what you need to know to manage a successful restructuration process.

Read the article

Jacques Perotto, Partner and Maxime Hermes, Associate.

Summary of our privacy policy

This version was uploaded January 2020

As data controller, Alerion is strongly committed to protecting your personal data (hereinafter referred to as "Personal Data" or "Data"), as defined by the General Data Protection Regulation (EU) 2016/679 and by the amended French Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties (hereinafter collectively referred to as "Regulations").

This Privacy Policy transparently outlines the manner in which Alerion collects, stores, uses and discloses your Personal Data when you visit the Website, accessible on https://www.alerionavocats.com/ (the "Website") and/or when you request services or information offered on the Website (in the “Services" section).

When appropriate, this Policy is supplemented by our General Terms and Conditions of Services, which are attached to Alerion's engagement letter, as well as by the required information provided in our Data Collection Forms.

By using the Website, you accept this Privacy Policy.

More information here