When a dispute arises over the application of the provisions of Articles L. 1142-1 and L. 1142-2, an applicant for a job, a work placement or a period of training, or an employee, presents evidence suggesting the existence of direct or indirect discrimination on the grounds of sex, family status or pregnancy. In the light of these factors, it is up to the defendant to prove that its decision is…
The representative trade union organisations at national level or in the company may take any legal action resulting from the application of articles L. 3221-2 to L. 3221-7, relating to equal pay for men and women. They may take such action on behalf of a job applicant, a trainee or an employee. The trade union organisation does not have to prove that it has a mandate from the person concerned….
Dismissal of an employee following legal action taken by or on behalf of that employee on the basis of provisions relating to professional equality between women and men is null and void when it is established that the dismissal has no real and serious cause and is in fact a measure taken by the employer as a result of the legal action. In such cases, reinstatement is automatic and the…
Failure to comply with the provisions relating to professional equality between men and women, as set out in articles L. 1142-1 and L. 1142-2, is punishable by one year’s imprisonment and a fine of 3,750 Euros. The court may also order, as an additional penalty, the posting of the judgment at the expense of the convicted person under the conditions set out in article 131-35 of the Criminal Code and…
The provisions of articles 132-58 to 132-62 of the French Penal Code, relating to deferment of sentencing, are applicable in the event of prosecution for a breach of the provisions of articles L. 1142-1 and L. 1142-2, subject to the following specific measures: 1° The postponement includes an injunction to the employer to define, after consultation with the social and economic committee, and within a specified period, the appropriate measures…
At the adjournment hearing and in the light of the measures defined and, where applicable, carried out by the employer, the court will consider whether there are grounds for dispensing with the sentence. However, if the time limit provided for in 2° of article L. 1146-2 has not been respected, the court may order a new and final adjournment and give the accused a new time limit to comply with…
The provisions of this Title are applicable to private law employers and their employees. They shall also apply to the staff of public bodies employed under the conditions of private law.
For the purposes of this Title, the number of employees and the crossing of a workforce threshold are determined in accordance with the procedures set out inArticle L. 130-1 of the Social Security Code.
No employee shall be subjected to repeated acts of psychological harassment, the purpose or effect of which is to worsen his or her working conditions in such a way as to infringe his or her rights and dignity, to impair his or her physical or mental health or to compromise his or her professional future.
No person who has suffered or refused to suffer repeated acts of psychological harassment or who has, in good faith, reported or witnessed such acts may be subject to the measures mentioned in Article L. 1121-2. The persons mentioned in the first paragraph of this article benefit from the protections provided for in I and III of Article 10-1 and Articles 12 to 13-1 of Law 2016-1691 of 9 December…
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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
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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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