Labour Law

The French Court of Cassation safeguarded the employees’ rights in the event of transfers of undertakings

Cour de cassation, civile, Chambre sociale, 11 mars 2016, 14-22.211, Inédit

The present case concerned the rules relating to the safeguarding of employees’ rights in the event of transfers of undertakings.The company RPVI had a workshop which was located on a site belonging to the company Rhodia for which it provided maintenance work.

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The French Supreme Court on the claims for dismissal without actual and serious reasons and for the payment of compensation for undeclared work

Cour de cassation, Chambre sociale, 4 février 2015, 13-16.835, Inédit

In this case, rules concerning certain aspects of the organisation of working time are discussed. Mr.X. worked as engagement manager with the company Atos. However, Mr.X. was dismissed. On that occasion, Mr.X. lodged claims for dismissal without actual and serious reasons and for the payment of compensation for undeclared work. The appeal court of Aix-en-Provence (Cour d’appel d’Aix-en-Provence) rejected the abovementioned requests. Subsequently, Mr.X. filed an action before the Supreme Court (Cour de cassation). The Supreme Court referred to article 151 of the Treaty on the Functioning of the European Union, article 17, paragraphs 1 and 4 of the Directive (EC) 1993/104, article 17, paragraph 1, and article 19 of the Directive (EC) 2003/88 and article 31 of the Charter of Fundamental Rights of the European Union.

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The French Supreme Court validated the collective branch insurance and obliged French bakers to pay their social contributions to a specific health insurance fund

Cour de cassation, Chambre sociale, 11 février 2015, 13-26.015 13-26.016, Inédit

The present case concerns the complementary health insurance scheme in France and, in particular, the right to choose a health fund.

A Branch Agreement, approved by a Ministerial decree, created a mandatory supplementary health insurance for persons working in bakery and pastry shops. Therefore, workers and employers had to adhere to a unique health insurance body. Consequently, they had to pay their social contributions to it, without having the right to choose another public or private health fund.

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