Recent case law | Supreme Court to workers: your commute isn’t work
In 2015, the Court of Justice of the European Union considered that in the absence of a fixed place of work, the daily commuting time between home and the employee's first and last place of work for the day must be considered as working time. The decision raised many an eyebrow to the extent that French law provides for exactly the opposite rule.
However, the French Supreme Court was recently faced with a similar case. In its decision it recalled that the CJEU clarified that the method of remuneration of workers in such a situation was not a matter of the directive but of the relevant provisions of national law. The Supreme Court therefore applied the terms of the French Labor Code: the commuting time to travel to the place of performance of the employment contract is not actual working time and does not have to be remunerated as such. It can give rise only to a compensation, in financial form or in rest, if it exceeds the normal travel time.
History
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Impending change of legislation | Upcoming reform on headcount threshholds : passing a threashhold will only have consequences after five years
Published on : 01/08/2018 01 August Aug 08 2018NewsA bill to be debated in Parliament in the fall plans to reform the impact of...
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Latest case law | Company groups : the tort responsibility of the parent company can be engaged
Published on : 31/07/2018 31 July Jul 07 2018NewsEven if a situation of co-employment can not be characterized, the tort of th...
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Looking forward | Loi Pacte: making French business great again
Published on : 10/07/2018 10 July Jul 07 2018NewsThe Macron government speeds ahead with its reforms and bills to help favour...
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Recent case law | Supreme Court to workers: your commute isn’t work
Published on : 10/07/2018 10 July Jul 07 2018NewsIn 2015, the Court of Justice of the European Union considered that in the ab...
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New Legislation | In depth look: France tackles inscribing GDPR
Published on : 10/07/2018 10 July Jul 07 2018NewsThe new law adapts the previous text of 6 January 1978 relating to data, file...
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New Legislation | In brief: France aims for gender equality in the work place
Published on : 10/07/2018 10 July Jul 07 2018NewsAfter consulting the social partners on issues of equal pay and gender violen...
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Do’s & Don’ts | This month: Reducing headcounts: the RCC guidebook
Published on : 10/07/2018 10 July Jul 07 2018NewsNewsletter / Do’s and Dont’sThe Macron labor law reform created a new way to implement downsizing on a vo...
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Liability of the parent company in redundancies due to faulty interference
Published on : 25/06/2018 25 June Jun 06 2018NewsEven when a co-employment situation cannot be characterized, it’s still possi...
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Upcoming reform in the employee savings: mesures to develop employee savings in small and medium-sized companies will be presented by the government mid-June. The draft law will then be submitted to parliament.
Published on : 15/06/2018 15 June Jun 06 2018NewsA bill to promote the growth of employee savings plans should be presented to...
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Mobile employees : the home-client commute is not paid as working time
Published on : 15/06/2018 15 June Jun 06 2018NewsIn 2015, the Court of Justice of the European Union considered that in the ab...