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Chapter II: Performance and modification of the employment contract

Article L1222-2 of the French Labour Code

The information requested from an employee, in any form whatsoever, may only be used to assess his or her professional skills. Such information must have a direct and necessary link with the assessment of the employee’s abilities. The employee is required to respond in good faith to such requests for information.

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Article L1222-3 of the French Labour Code

The employee is expressly informed, prior to their implementation, of the professional assessment methods and techniques used in relation to him/her. The results obtained are confidential. Employee appraisal methods and techniques must be relevant to the intended purpose.

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Article L1222-5 of the French Labour Code

The employer may not impose any exclusivity clause for a period of one year on an employee who sets up or takes over a business, even if there is a contractual stipulation or agreement to the contrary. However, this prohibition does not apply to the exclusivity clause provided for by article L. 7313-6 for travellers, representatives or salespersons. When leave to create or take over a business is extended under…

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Article L1222-6 of the French Labour Code

When the employer envisages modifying an essential element of the employment contract for one of the economic reasons set out in article L. 1233-3, he shall propose this to the employee by registered letter with acknowledgement of receipt. The letter of notification informs the employee that he has one month from receipt to make known his refusal. The deadline is fifteen days if the company is in receivership or liquidation….

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Article L1222-9 of the French Labour Code

I.-Without prejudice to the application, where applicable, of the provisions of this code protecting homeworkers, telework refers to any form of work organisation in which work that could also have been carried out on the employer’s premises is carried out by an employee away from these premises on a voluntary basis using information and communication technologies. A teleworker within the meaning of this section is any employee of the company…

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Article L1222-10 of the French Labour Code

In addition to his obligations under ordinary law towards his employees, the employer is obliged with regard to the teleworking employee: 1° Inform the employee of any restrictions on the use of computer equipment or tools or electronic communication services and of the penalties for failure to comply with such restrictions; 2° To give the employee priority to occupying or returning to a non-teleworking position that corresponds to his or…

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Article L1222-11 of the French Labour Code

In exceptional circumstances, such as the threat of an epidemic, or in cases of force majeure, teleworking may be considered as an adaptation of the workstation made necessary to ensure the continuity of the company’s activity and the protection of employees.

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Article L1222-12 of the French Labour Code

In companies and groups of companies, within the meaning of article L. 2331-1, with at least three hundred employees, any employee with at least twenty-four months’ seniority, consecutive or otherwise, may, with the agreement of his employer, benefit from a period of secure voluntary mobility in order to work in another company, during which the performance of his employment contract is suspended. If the employer refuses the request for mobility…

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