Employment law court cases

Important employment law court cases from France in “easy to read” format.

France :: Are Uber drivers independent workers or employees?

FRANCE Court Court of Cassation (Labour Chamber) Case Ruling n° 374 Date issued 4th March 2020 Subject Are Uber drivers in France independent workers or employees? Substance This case arose when a French Uber driver claimed that they were employed and therefore entitled to an employment contract …

Please login to view this content or become a member by joining now.

France :: Death from cardiac arrest during sex on a business trip: was the employer liable?

FRANCE Court: Paris Court of Appeals (Cour d’Appel de Paris) Date issued: 27th May 2019 Subject: Death from cardiac arrest during sex on a business trip: was the employer liable? Substance: The Paris Court of Appeals held that the employer was liable for the death of an employee (in 2013) while the latter was on a business trip and died due to a heart attack …

Please login to view this content or become a member by joining now.

France :: Employers’ criminal liability

FRANCE Court: The Supreme Court Date issued: 7th May 2019 Subject: Employers’ criminal liability Substance: The French Supreme Court has held that an employer may only escape criminal liability for a workplace accident if the employee concerned is exclusively responsible for the accident they suffer …

Please login to view this content or become a member by joining now.

France :: The “Macron scale” is enforceable

FRANCE Court: Supreme Court (Cour de Cassation) Date issued: 17th July 2019 Subject: The “Macron scale” is enforceable Substance: The French Supreme Court has issued two opinions confirming the applicability of the so-called “Macron Scale”, which sets floors and caps for damages in dismissal, without-cause cases …

Please login to view this content or become a member by joining now.

France :: Case law on social media

French courts have faced the question of whether social media websites are ‘public’ or ‘private’ spaces and whether sanctioning employees for their comments on these sites violates an employee’s right to privacy and freedom of speech …

Please login to view this content or become a member by joining now.

France :: Termination of an employee following a workplace accident

In France, workplace records must be retained for ten years in the case of a worplace accident – as a case against an employer has a ten year statute of limitation [article 2226 of the Civil Code] Case law example FRANCE Court:  Supreme Court (Cour de Cassation) Date issued: 9th May 2019 Subject: Termination of an employee following a workplace accident Substance: The Supreme Court has confirmed the validity of termination by mutual consent of an employee who was declared unfit to perform their tasks following a workplace accident …

Please login to view this content or become a member by joining now.

France :: Additional protection against dismissal under collectively agreed terms

FRANCE Case: No …

Please login to view this content or become a member by joining now.