French law No. 2018-771 of September 5, 2018, which is a law “for the freedom to choose one’s professional future,” modified various subjects of interest to companies, including secondment and illegal work. Enforceable since September 7, 2018, unless specified otherwise, this legislation only applies to companies seconding employees in France. This Act reduces the employer’s obligations in order to make secondment easier and strengthens protections for secondees by increasing administrative penalties for noncompliance with such obligations.
In response to the yellow vests movement (mouvement des gilets jaunes), which calls for measures to increase purchasing power of France’s working class, a law adopted on December 24, 2018, which was then clarified in two government circulars (Circ. DSS/5B/2019/29, dated February 6, 2019) recently introduced an “exceptional purchasing power bonus.”
The latest version of Article L. 1235-3 of the French Labor Code, based on the “Macron Ordinances,” has recently been the subject of major dispute, with several labor tribunals issuing conflicting decisions.
The final version of the bill ratifying the Macron ordinances (Article 3 Ter) provides employers the option of unilaterally deciding, after having consulted the representative bodies concerned, to reduce the duration of current employee representative mandates if they expire between January 1, 2018, and December 31, 2019. The reduction cannot exceed one year.
A Plan de Sauvegarde de l’Emploi (PSE) is a mass redundancy or reduction-in-force plan that companies employing 50 or more employees in France must have in place before dismissing 10 or more employees in a layoff. Such a plan is designed to mitigate the effects of a mass layoff or redundancy.
On June 18, 2017, and June 29, 2017, Paris and Nantes civil courts (les tribunaux de grande instance) respectively issued opposite rulings interpreting the provisions of Article L. 4614-13 of the French Labor Code.