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Chapter 10

Chapter 10. France. The Juggling Act. Employment security for the older employed Young (often immigrant) unemployed receive payments and wait their turn for employment. French Labor Courts. Composition 4 members (usually nonlawyers)

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Chapter 10

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  1. Chapter 10 France

  2. The Juggling Act • Employment security for the older employed • Young (often immigrant) unemployed receive payments and wait their turn for employment

  3. French Labor Courts • Composition • 4 members (usually nonlawyers) • 2 appointed by pro-employee groups and 2 appointed by pro-employer groups • Stages in adjudication • Appeal to Cour de Cassation

  4. Types of Employment Contracts • Contract for indefinite period—favored and presumed • Contract for definite duration—limited by law to specified circumstances

  5. Procedures Required to Terminate 1) Notice of pre-dismissal meeting 2) Pre-dismissal meeting 3) Notice of dismissal 4) Notice period or payment in lieu of notice period 5) Indemnities when employee is dismissed for personal or economic reasons—not when dismissed for gross negligence or willful misconduct 6) Provide documentation—certificate of work, document to give to unemployment authority to claim benefits, summary of all payments made to employee

  6. Termination of Labor Contracts in France • Personal reasons Art. L. 122-14 • Economic reasons Art. L. 321-1

  7. Employee Representation Generally • FORMS/TYPES • Unions • Works councils • Employee representatives • Enterprise committees • Health and safety committees • OBJECTIVES/FUNCTIONS • Negotiation of collective agreements and enforcement of terms • Receipt of information regarding operation of the business • Consultation regarding operation of the business • Participation in operation of the business

  8. Employee Representation • Trade Unions • Employee Representatives • Employee Representation Committees • Health and Safety Committees

  9. Ways to be Bound by Collective Agreement • Signatory • Adopt existing collective agreement • Member of association that signs • Extension by Labor Minister

  10. Relationship of statutory rights/protections and collective bargaining agreements 1) Legislation provides minimum rights and protections/ CBAs can provide more favorable terms but cannot go below statutory minima 2) Legislation provides rights and protections/CBAs can vary those rights and protections, even going below them

  11. SEXUAL HARASSMENT: Comparing French and U.S. Law • Who is responsible for the harassment? • What are the sanctions?

  12. PRIVACY DIGNITY What difference does it make?

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