When the activity of an economic entity employing employees under private law is taken over by a public entity as part of a public administrative service, it is the responsibility of this public entity to offer these employees a contract under public law, for a fixed or indefinite period depending on the nature of the contract they hold. Unless otherwise provided by law or by the general terms and conditions…
Subject to the application of special legislative or regulatory provisions, when the activity of a public law legal entity employing non-tenured public law employees is taken over by a private law legal entity or by a public law body managing a public industrial and commercial service, this legal entity or body offers these employees a contract governed by this code. The proposed contract shall include the substantial clauses of the…
Where an extended branch agreement provides for and organises the continuation of employment contracts in the event of a succession of companies in the performance of a contract, the employees of the new service provider cannot usefully invoke differences in remuneration resulting from advantages obtained, prior to the change of service provider, by the employees whose employment contracts have been continued.
A decree of the Conseil d’Etat shall determine the application of articles L. 1224-1 and L. 1224-2.
An employer may not take a woman’s state of pregnancy into consideration in refusing to take her on, in terminating her employment contract during a trial period or, subject to a temporary assignment carried out in accordance with the provisions of articles L. 1225-7, L. 1225-9 and L. 1225-12, in transferring her employment. It is therefore forbidden to seek or have sought any information concerning the state of pregnancy of…
A female job applicant or employee is not required to disclose her pregnancy, except where she requests the benefit of the legal provisions relating to the protection of pregnant women.
When a dispute arises over the application of articles L. 1225-1 and L. 1225-2, the employer must provide the court with all the information required to justify its decision. If there is any doubt, the pregnant employee will benefit from it.
Articles L. 1225-1, L. 1225-2 and L. 1225-3 are applicable to employees receiving medically assisted procreation in accordance with Article L. 2141-2 of the Public Health Code.
No employer may terminate an employee’s employment contract if she is medically pregnant, during all the periods of suspension of the employment contract to which she is entitled by virtue of maternity leave, whether or not she avails herself of this right, and by virtue of paid leave taken immediately after maternity leave, as well as during the ten weeks following the expiry of these periods. However, the employer may…
No employer may terminate an employee’s employment contract during the ten weeks following the birth of the child. However, the employer may terminate the contract if he can prove that the employee is guilty of serious misconduct or that it is impossible to continue the contract for reasons unrelated to the arrival of the child.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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