In the event of an appeal to the Court of Cassation against a decision which has found an employer guilty of dismissal without real and serious cause pursuant to the provisions of article L. 1235-3, the appeal to the Court of Cassation against the part of the decision which results in an order in favour of the employee affects the part of the decision which automatically orders the reimbursement of…
When a trade union organisation intends to take legal action on behalf of an employee, in application of Article L. 1235-8, it notifies the employee by registered letter with acknowledgement of receipt. If the employee has not objected, the trade union organisation shall notify the employer in the same way of its intention to take legal action.
The registered letter with acknowledgement of receipt sent to the employee indicates the nature and purpose of the action envisaged by the representative trade union organisation. It also states: 1° That the action is being taken by the trade union organisation, which may itself appeal against the judgment; 2° That the employee may, at any time, intervene in the proceedings initiated by the trade union organisation or terminate the action;…
Once the period stipulated in 3° of article D. 1235-19 has elapsed, the employee’s tacit acceptance is deemed to have been obtained.
The scale mentioned in the first paragraph of article L. 1235-1 is defined as follows: two months’ salary if the employee has been with the employer for less than one year; -three months’ salary if the employee has been with the employer for at least one year, plus one month’s salary for each additional year of service up to eight years; ten months’ pay if the employee has been with…
The rate of the retirement indemnity provided for in article L. 1237-9 is at least equal to : 1° Half a month’s salary after ten years’ seniority; 2° One month’s salary after fifteen years’ seniority; 3° One and a half months’ salary after twenty years’ seniority; 4° Two months’ salary after thirty years’ seniority.
The salary to be taken into consideration for the calculation of the retirement indemnity is, depending on the formula most advantageous to the person concerned, either one-twelfth of the remuneration for the last twelve months prior to retirement, or one-third of the last three months. In this case, any bonus or other element of annual or exceptional salary that may have been paid to the employee during this period is…
The period mentioned in the seventh paragraph of Article L. 1237-5 is set at three months before the employee’s birthday. The period mentioned in the eighth paragraph of the same article is set at one month from the date on which the employer questioned the employee.
The employer shall offer employees, before they retire, awareness training in the fight against cardiac arrest and in life-saving techniques as provided for in article L. 1237-9-1. The time spent on this training is considered as working time. The awareness campaign takes place during normal working hours. It enables employees, before they retire, to acquire the skills needed to: 1° Ensure their own safety, that of the victim or any…
The order referred to in 3° of article D. 1237-2-2 may provide for this awareness-raising to be adapted according to what employees have learnt, particularly in terms of the training and awareness they have received or their profession.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
