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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The administration recognizes the ”right to make a mistake”
Published on : 14/09/2018 14 September Sep 09 2018NewsA law of August 10, 2018 establishes a right to make mistakes in order to imp...
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The dismissal of the Director of a subsidiary by the director of the parent company is valid
Published on : 13/09/2018 13 September Sep 09 2018NewsWho holds the authority to dismiss someone in a company in France ? The Frenc...
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Meal-allowances need not be worked into the calculations for holiday-pay.
Published on : 22/08/2018 22 August Aug 08 2018NewsThe employer may grant those employees who will be taking their meals at odd...
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The signing of a second mutally agreed termination (rupture conventionnelle) after refusal by the authorities requires a new cooling-off period
Published on : 21/08/2018 21 August Aug 08 2018NewsIf, following a labour administration’s refusal to approve a mutually agreed...
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New measures to prevent sexual harassment
Published on : 21/08/2018 21 August Aug 08 2018NewsA law passed on August 1, 2018 requires companies with at least 250 employe...
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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...