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
2018
Who holds the authority to dismiss someone in a company in France ? The French Labor Code designates the employer, ie the legal representative of the legal entity, in practice, an employee who has been delegated the power to dismiss. But caution is required, the delegation of authority to dismiss can in no case be delivered to a person outside the company. The French Court of Cassation has just ruled that the Group Chief Executive may dismiss the employee of a subsidiary without a written delegation if he supervises its activities. In so far as the managing director of the parent company controlled the activity (transmission of directives, follow-up of work meetings), he is not considered as a person removed from the dismissed employee’s employer company.
History
-
Webinar: The impact of Brexit on your EU workforce
Published on : 22/11/2018 22 November Nov 11 2018NewsNews / WebinarsNews / Webinars / Replay webinarsSpeakers: Falko Daub (Pusch Wahlig Legal in Germany) Karol Hillebrandt...
-
New Legislation | In depth look: the loi Pacte and its effect on company staff thresholds
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationAfter reforming French labour law, President Macron’s government speeds ahead...
-
New Legislation | In brief: The right to error
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationThe French government just passed a law that changes the rules for companies...
-
Do’s & Don’ts | This month: Lump sum agreements in days
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / Do’s and Dont’sThe lump sum agreement in days, known as "forfait jours", allows for high lev...
-
The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives
Published on : 15/10/2018 15 October Oct 10 2018NewsNewsletter / Recent Case LawCompany agreements may provide that special benefits are reserved for certain...
-
Webinar: Sexual harassment in the workplace: cross-border perspectives webinar
Published on : 11/10/2018 11 October Oct 10 2018NewsNews / WebinarsNews / Webinars / Replay webinarsThis webinar will address a range of crucial questions relating to workplace...
-
Webinar: Opening Up Shop, solutions to the challenges of opening in a new jurisdiction: Europe - insights in (1) Labour and employment requirements; (2) Corporate requirements; and (3) Payroll and Benefits Providers
Published on : 19/09/2018 19 September Sep 09 2018NewsNews / WebinarsNews / Webinars / Replay webinarsInsights Labour and employment requirements Corporate requirements...
-
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...
-
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...
-
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...