Resourcing

Recruitment, training, employment contracts, post-termination non-compete clauses, varying a contract of employment.

France :: Changing job titles

A change in job title is generally considered as a contractual change in France and holds a significance that it does not have elsewhere …

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France :: Non-compete clauses

◉ Are such clauses lawful? Yes …

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France :: Vocational training

In France, employers are obliged by law to offer their employees a minimum amount of opportunity for training …

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France :: Varying working conditions or a contract of employment

◉ Change in working conditions An employer may unilaterally change the conditions of an unprotected employee’s employment without causing a change in the contract where it relates to: A new task entrusted to the employee that matches their qualifications; A redistribution of a full-time employee’s working hours; or A change in the workplace location within the same geographical area (or a different geographic area if a mobility clause is stipulated in the employment contract) …

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France :: Temporary agency work

Temporary agency work is generally lawful, but is subject to numerous legislative restrictions …

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France :: Teleworking

Under the national framework agreement for teleworkers no individual may be dismissed because they refuse to switch to telework …

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France :: Recruitment

◉ Job advertising Job advertisements must not contain an upper age limit or any foreign expressions if a directly equivalent French word exists …

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France :: Probationary periods

The French courts have ruled that probationary periods are not mandatory thus, not implied into every employment contract …

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France :: Posted workers

Update 2018: Under the Law “For the choice of the professional future” an employer seconding any employee to work in France – either from within or outside the EU – must make an online SIPSI declaration and also appoint a representative of the foreign company in France for the duration of the assignment …

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France :: Part-time contracts

A legal definition of part-time workers, the right to work part-time and the protection from discrimination on the grounds of working part-time were all introduced by Act No 2000-37 of 19 January 2000, which amended Article L-212-4-2 of the Labour Code …

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France :: Outsourcing

There is no specific legislation on the impact of outsourcing on employees …

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France :: Internships (Stagiaires)

In France, those currently undertaking studies and working as part of their course, during holidays or in between courses are covered by Internship regulations and must be subject to an internship agreement (Convention de Stage) …

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France :: Initial setup and employing staff

Before employing staff in France it is advisable to confirm what type of legal structure is required and whether it is necessary to register a company …

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France :: Independent contractors

An independent contractor is deemed to be an individual who retains freedom in the manner and means of performing his duties and bears a financial risk in respect of the project …

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France :: Fixed-term and temporary contracts (CDD)

◉ Statutory limitations on use and duration The use of fixed-term and temporary contracts is limited by law to executives, older workers, temporary replacement of absent employees, temporary increase in workload, seasonal tasks, to carry out certain state-funded contracts or ‘exceptional circumstances’ (Article L1242-2 Labour Code) …

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