Although the Cour de cassation (France’s Supreme Court) still limits the application of the concept of “co-employment” between parent companies and their subsidiaries to exceptional cases, its rulings do not preclude a finding of liability on the part of a parent company when it has placed its subsidiary in increased difficulty.
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.