Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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When a Code of Conduct Becomes Part of a Company’s Rules of Procedure

Precedential Decision by Judiciary or Regulatory Agency

Author: Guillaume Desmoulin, Partner - Fromont Briens | Littler

Policies and documents setting forth the obligations related to discipline can be considered part of a company’s rules of procedure. On May 5, 2021, the French Supreme Court ruled that a company’s code of conduct can be considered part of the company’s rules of procedure, even if not formally incorporated into the same document. The rules and procedures must be approved by the works council and sent to the local labor authority. If every requirement is satisfied, the code of conduct is fully enforceable and part of the company’s internal rules of procedure.

Principle of Equal Treatment and Settlement Agreements

Precedential Decision by Judiciary or Regulatory Agency

Author: Guillaume Desmoulin, Partner - Fromont Briens | Littler

Within a collective redundancy, a company entered into settlement agreements with some employees, where the employees negotiated additional compensation through a social plan as part of modifications to the settlement agreements. Having heard about those settlements, other employees in a similar situation requested the same benefits and compensation. On May 12, 2021, the French Supreme Court ruled that an employee cannot raise the principle of equal treatment to obtain the same benefits and advantages resulting from a settlement agreement entered into between the employer and other employees.

New Disclosure Obligation for Mobility and Transportation Platforms and Hubs

New Order or Decree

Author: Guillaume Desmoulin, Partner - Fromont Briens | Littler

On April 22, 2021, Decree no. 2021-501 became law. Starting in March 2022, platforms dedicated to mobility and transportation must publish on their website information and data regarding the working time and the earnings of workers using their services during the preceding civil year. The purpose of this new legislation is to provide more transparency in the relationships between the platforms and the workers using their services. The information and data collected shall include the length of each service provided, average duration of each service, the amount of earnings, and the waiting time before each order. These data must be collected on March 1 of each year. Noncompliance with this obligation can subject the owners to a fine.

Representation of Independent Workers in the Digital Platform Sector

New Order or Decree

Author: Guillaume Desmoulin, Partner - Fromont Briens | Littler

To promote an efficient dialogue between platforms and workers using their services, on April 21, 2021, the French government issued Order no. 2021-484, enabling independent workers to select their own representation. The main covered activities are car transportation services and grocery delivery. Under the new law, the workers will vote for a trade union organization, which will then appoint its own representatives. The representatives will benefit from a protection against dismissal during their mandate and until six months after the expiration of this mandate. A national election to select the organization will be held every four years; the first one to be held by December 31, 2021, at the latest.