Introduction to worker relations

Master in Management: Introduction To Business Law

Professor Drew Shagrin

Our 8-session agenda
1. Housekeeping, and introduction to setting up the business (January 6th)

2. More on setting up the business (January 6th)

3. Business governance and ethics (January 7th)

4. Introduction to worker relations (January 10th)

5. More on worker relations (January 14th)

6. Distributing what you sell (January 17th)

7. Protecting your ideas and data (January 21st)

8. Dispute resolution (January 27th)

Your employment contracts

You found an internship or employment contract that you’ve signed

Regardless of the country (and therefore the applicable law), there are
some common issues addressed in an employment contract
Common employment contract issues

Identity of the parties Compensation amount (whether fixed or variable)

Job location Compensation payment timing
Job title Other benefits (if any)
Job description Time off policies (sick leave, holidays, other leave)
Reporting structure Confidentiality
Working times (days of week, hours of day) Disciplinary/grievance procedures
Whether working times are fixed or variable Termination process if initiated by the employee
Probation period details (if applicable) Termination process if initiated by the employer
Pension arrangements (if any) Ongoing obligations (such as non-competition)
Training information Dispute resolution
Worker relations: the relations between X and Y where . . .

X = a Working Person

Y = the person for whom the Working Person is working (the Employer)

A Working Person, working for the Employer, is not necessarily an

“employee.” There are several categories of Working Person,
including (but definitely not limited to) employees.

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Today’s Session 4 looks at the start of the relationship
between an Employer and a Working Person

Session 5 will look at the end of the relationship

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1. Categories of Working Person

• Directors
• Employees
• Other ‘workers’
• “Uber drivers” — the gig economy
• Agents
• Independent contractors (consultants)
• Volunteers
The categories and the law

First the law sets out criteria to categorize or label a relationship

between a Working Person and an Employer

Then the law defines rights and duties for the Working Person and the
Employer depending on which category they’re in

The law varies from place to place!

More important than remembering specific rules: understanding

relevant issues.
Employment law is VERY COMPLEX
Some important legal issues

How much control does Employer have over Working Person? This is a
question of FACT as well as law.

Are Working Person’s acts imputed to Employer, making Employer

liable for the misdeeds of Working Person?

How can (or maybe how must) the relationship be terminated?

Uber drivers in California
Early 2020: legislation clarified the law, making it difficult for employers to classify
Uber drivers as independent contractors. Upshot: Uber drivers are employees.
Late 2020: voters approve a ballot measure creating an exemption for app-based
ride-hailing services. Upshot: Uber drivers are NOT employees.
2021: a court rules the ballot measure unconstitutional. Upshot: Uber drivers are
once again employees.
2023: a higher court reverses much of the 2021 court’s decision. Upshot: Uber
drivers are once again NOT employees.
2024: Still more activity is expected (appeal of the 2023 court case, legislative
activity, ballot measures . . .). Upshot: ???

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App-hailed drivers elsewhere

UK: In 2023, the Supreme Court confirmed that app-hailed drivers are NOT
employees in the UK. This might be appealed to the European Court of Human
Rights (in Strasbourg).

France: In 2022, the Labor Chamber of the Cour de Cassation confirmed that the
contract between Uber and its drivers should be analyzed as an employment
contract. For practical purposes, this is saying that app-hailed drivers are
employees for at least certain purposes under the law. In response, the Labor
Minister stated her intention to set up a task force to examine the possibility of
creating a special third status, neither employee nor independent contractor, for
ride-hailed app drivers.
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The categories and the law
…the legal relationship is important

• Day to day control of employees and (more limited) agents but not of
• pure consultants ……
• …. or distributors (of goods) and other third party contractors (see later session)
• Employers ‘vicariously’ liable for acts of employees when working

• Principals liable for acts of agents within scope of agency and bound by contracts entered into by them

• No liability for acts of consultants/distributors

– not clear what the relationship is with workers……..
• Requirement to compensate employees and agents on termination
– redundancy payment for employees, not others
Employees
… the contract of employment

A contract – express or implied, written or oral, intended to create an employment relationship

BUT: protection of the weaker party by legislation

• some of this is EU law
Certain terms are required or prohibited by statute (that is, there is no freedom to contract on these terms)

• including for the employee — implied duties of loyalty and confidentiality

Other terms may be implied either by statute law or by common law (or custom or usage)
• these can usually be contracted out of — but only expressly
….during the employment
How to manage the employment relationship

Express terms – often quite detailed in executive contracts

• change of duties etc as a breach of contract?
Implied terms: lots

Duty of ‘loyalty’ – not to act against employers’ interests

• includes a general duty of confidentiality
• not the same as fiduciary duty – no need to act against own interests
• works both ways – employers shouldn’t ‘undermine’ their employees
Important terms implied by legislation (and EU law)
• maximum working hours
• minimum wage
The ‘worker’
…. the in-between colleague

• Not employees

• But not quite wholly independent – they only have a relationship with the business
• applies to individuals who do not have a formal employment contract
• e.g. Uber drivers when they are using the Uber app

‘Workers’ rights are mainly set out in EU law: the ‘lowest common denominator’ level

• maximum working hours (but not minimum wage)

• right to sick pay and maternity leave

• minimum paid holiday entitlement

What to think about when hiring
.. especially employees/workers
Type of relationship and contract terms

• Temporary/permanent? Exclusivity/non-compete clauses?

Status of individual:

• do they have automatic right to work where you want them to? EU vs non-EU
• if not, will need immigration clearance and (probably) a work permit — as will family
Compensation

• salary + bonus? Stock options (or share in business profits)

• fee or commission for consultants
• benefits in kind (phone, car, memberships?)

Documentation…… and tax notifications

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Sub-contractors
….from cleaners to consultants via manufacturers
Sub-contractor is commissioned by you to carry out a task for your business (usually supply)

• Allows businesses to expand quickly but can be expensive

• A looser relationship than agency, a tighter one than simply being a supplier

Often used where a bit of kit is made for you — e.g. Apple’s iPhones

… or where ancillary support services can be ‘contracted out’ — e.g. payroll management, cleaning

What to put in the contract?

• Price and price variation

• KPIs — + penalties?

• Who will do the work (if important)

• IPR ownership
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Commercial agents
…. instant salesforce
Commission paid sales force (% of sales) — can look like part of your business
• not employees
• may be individuals or companies
Contrast agents and distributors: agents sell for the principal, distributors sell for themselves

Often used to try for new territories – cheap

‘Goodwill’ in contacts owned by principal

• agent loses business value if contract terminated
“Commercial Agents” Directive
• agent entitled to compensation
• derived from French and German law provisions
Franchisees
.. a ‘half-way’ house to independence?

Franchisee is ‘buying’ a package of know-how, brand and (sometimes) other IP

• often required to buy other supplies from franchisor

Franchisees not normally (commercial) agents

• no resale of goods supplied by principal
• customers ‘belong’ to franchisee, not franchisor/principal
Basic relationship is a kind of sub-contracting

Franchises sectors vary but mainly in consumer focused businesses

• from McD to the Post Office
2. Creating the relationship under French & EU law
• Sources of French & EU Employment Law
• Recruitment
• Employment contract
• Working conditions
HIERARCHY OF NORMS
• The intellectual and legal framework, as well as the general day-to-day
approach, to the relationship between employer and employee in France is
very different indeed from that generally encountered in the common law
system and it is vital to take into account that employment in France is not “at
will”
• The legal relationship between employer and employee in France is very formal
and highly regulated and the majority of direct and indirect legislation is held, by
most lawyers, to lean in favour of the absolute protection of the interests of
employee rather than the employer
Employment contract
Employment code
• Employment Law provisions are laid down by codified statute (Code du Travail)
Labour Regulations
International Agreements
Collective conventions
• Collective bargaining agreements are widespread and in many specific industrial or commercial
sectors are very often binding upon employers who were not a party thereto
• Provisions of Collective Bargaining Agreements or In-House Company regulations, which are in
conflict with Statute Law generally, nevertheless prevail if in favour of the employee
Collective Bargaining Agreements
• In addition to the relative constraints of the Code du Travail
(Employment Code) there are often also additional, and perhaps equally
constraining, provisions set out in Collective Bargaining Agreements,
known in French as "Conventions Collectives de Travail"
• Collective Bargaining Agreements may be applicable nationally,
throughout the whole of French territory, or sometimes only at a very
localised level
• In general terms, Collective Bargaining Agreements relate to a particular
sector of industry or commerce and tend to set out in much greater
detail the scope of the relationship between employer and employee
French & EU Nationals Employees

• Hiring priorities
Handicapped
Pregnancy leave
Layoffs
• Hiring incentives
Development zone incentives
General social charge reduction
New innovative enterprises
Youth hiring subsidy
Long-term unemployment
• Discrimination & Unfair trade
Criminal penalty
Noncompetition clause
• Clandestine employment
Foreign Employees

• Residence permits
• Standard work Authorization procedure
• Enforcement Measures ans Equality of treatment
• Foreign Buisness Permit
• Employment contracts in France can be divided in two main categories:
CDI - contracts of indeterminate periode of time duration
CDD - contract of determinate periode of time
• Precisions
Contracts of employment are generally for an indefinite term
Specific agreements for short limited term employment are tightly regulated
– For example it is possible to offer a limited term agreement to a person
replacing another employee on maternity leave
– For instance to employees taken on for a particular seasonal sales
period
• Some specific contracts have been designed for particular professions, age groups
to try and encourage employment in demographic groups with specific problems
• There are apprentice-style contracts aimed at young people
It is necessary in France to provide a written contract of employment to all staff of
whatever grade or level
• An employee resident in France, of whatever nationality, must generally have a
written service agreement or contract of employment
• In the event that there is no written agreement, then a contract of employment is
nevertheless held to exist and the employee will systematically benefit from the
maximum protection provided for by the law
• The contract of employment must be in French, even where both employer and
employee use the same language which is not French
The agreement in question must be drafted in the French language, but there is
no restriction on a translation thereof being made available although the French
version will always prevail.
• There is no restriction on providing a translation or a bilingual version of the
agreement to the employee
• The French version will always prevail before the Courts
• The French version will always prevail vis-à-vis the French Employment
Inspection Authorities
• Types of contract
Term and temporary contracts
• Fixed term Contracts
• Temporary Workers
• Part-time Contracts
Indeterminate term contracts
• Employee vs. Company agent
• Form for inderminate term employment contract
• Trial period
• Noncompetition clause
Salary
• Base salary & Contractual benefits
• Setting Salary
• Payment of Salary
Amending the contract
• Substantial Modifications
• Transfer
• Changes in the legal Status of the Employer
Employment Status of Directors (members of the board)
A Director of a French Company is not generally held to be an employee in that
particular capacity, instead he or she is held to be solely an officer of the company
However, a 'Director' being an individual appointed to the Board of the Company
by the shareholders would normally be translated as an 'Administrateur'
An 'Administrateur' is solely an officer of the company (in French a 'mandataire
social') then he or she does not have a contract of employment with the Company
and thus does not benefit from the extremely protective provisions (for the
employee) of French Employment Law
An 'Administrateur' can generally be dismissed from his or her position without
notice or compensation, although the method of dismissal should not be vexatious
Employment Status of Directors (members of the board)
In many cases, an 'Administrateur' or Director of a French company
might also have a contract of employment, but this would be
considered under French Law to be totally separate from his or her
role as an officer of the company
Such a contract of employment would relate to a specific function
without the role of 'Director' and might for example be in his or her
capacity as Financial Manager, Sales Manager or H.R. Manager, and
this agreement would give the employee the full protection of French
Employment Law provisions
 EU legal framework for protection
General Principles of EU law (GPUE)

• European Court of Justice (ECJ): recognition of the existence of

GPEU (Stauder 1969).
• E.g. principle of proportionality (ECJ 17 December 1998).
• E.g. principle of non-discrimination and equal treatment (ECJ
13 September 2007).
• E.g. principle of freedom to pursue a trade or profession
(ECJ 10 January 1992).
• E.g. freedom of trade that combines freedom to pursue a
professional activity (ECJ 21 September 1991).
 EU legal framework for protection
Fundamental Rights

• Fundamental Rights (FR) form part of the GPEU (ECJ

Internationale Handelsgesellschaft 1970).
• FR draw upon the European Convention on Human Rights and
Fundamental Freedoms (ECHR)
• Social provisions under the ECHR:
• Art. 4 : prohibition of forced or compulsory labour
• Art. 11 : union freedom
 Fundamental Rights
Right to privacy in the workplace

• Art. 8 ECPHR: Respect of the employee’s privacy in the

workplace
« Employer's instructions cannot annihilate the exercise of social
privacy at workplace. » (EcHR 2017 Bärbelescu v. Romania).
• But monitoring procedures on the employee's work computer
do constitute a possible interference (EcHR 2018, Libert v.
France).
 Fundamental Rights
Freedom of expression in the workplace
(art. 10 ECHR)
• EcHR Fuentes Bobo 2000: publication in a newspaper of critics
within a Spanish public broadcasting organization.
• EcHR Palomo Sanchez 2001: sexually explicit caricature of the HR
manager. Dismissal for serious misconduct. EcHR distinguishes
between criticism and insult.
• Cass. soc. 5 March 2008: in this sense, "restrictions may be
imposed on the protection of the rights of others, in particular to
prevent the disclosure of confidential information".
 Fundamental Rights
Principle of non-discrimination in the workplace

Principle of non-discrimination (art. 14 ECHR):

• Direct discrimination: treatment of a person less favorably than
another is, has been or will be treated in a comparable situation.
• Indirect Discrimination: appears neutral in appearance but may
result in a particular advantage to one person over another unless
justified for a legitimate purpose and by necessary and appropriate
means.
 Application of the principle of non-discrimination in worker
relationship
E.g. a measure/action taken that would disadvantage part-time
employees could be considered both as an infringement of the
requirement of equality between part-time and full-time employees
AND as an indirect discrimination against women as the latter
constitute the vast majority of part-time employees.
• This concerns employees and applicant for employment.
E.g. an LGBT association can bring an action against an Italian lawyer
who had declared on the radio that he did not want to recruit or
employ homosexuals in his law firm. (ECJ Grd Ch. 23 April 2020,
associazione Avvocatura per i diritti LGBTI).
 UE legal framework for protection
Scope of GPUE and FR
• They cannot extend the scope of the provisions of the Treaty
beyond EU competences (ECJ 17 February 1998, Lisa
Jacqueline Grant v. South-West trains Ltd.).
• Regulation or directive is subject to the GPUE and FR.
• National legislation of States shall comply with these
principles (ECJ 17 December 1998, Baustahlgewebe v.
Commission).
• European courts and national courts shall comply with the GPUE
(for social law, ECJ Rutili 1975).
 EU legal framework for protection
Scope of the GPUE and FR
• ECJ gives precedence to the defense of the economic market.
• EU accession to the ECHR (Lisbon Treaty 2007).
• Such accession makes the ECHR binding towards European
institutions and Member States.
• ECJ develops an unfavorable approach regarding
guaranteeing fundamental rights
E.g. the right to strike may be validly limited so as not to
infringe/interfere on the freedom of movement laid down in the
treaties.
 Specifics principles for social area
1. Free movement of workers
(art. 45 TFEU)
European citizen + worker + worker relationship governed by the law
of an EU Member State (and not the worker from a third country
seconded to an EU Member State).
• Definition of a worker: a person who, for a certain period of time,
performs services for and under the direction of another person
in return for which he or she receives remuneration (ECJ 31 May
1989, Bettray). It shall be the responsibility of the judge to check its
existence.
 Rights associated with the free movement of workers
• Right of movement and right to reside of workers.
• Right of entry and residence of the worker's family members.
• Right to exercise a professional activity (except for jobs that
involve direct or indirect participation in the exercise of public
authority, e.g. magistrate).
• Right to non-discrimination (art. 45 TFEU).
• Right to equal treatment (art. 19 TFEU, art. 21 § 1 ESC) in all
areas: including employment, work and remuneration.
 Foreigners wishing to work in Europe
A foreigner who wants to work as employee in the private or public
sector, regardless of the duration, in France must have a work permit
(visa, residence permit…).
• The employer applies for a work permit (“filling procedure” and
submission of the offer to Pôle emploi, transmission of the file to
DIRECCTE of the place of work).
• File : commitment to pay the tax corresponding to the applicant's
salary + employment contract + housing conditions of the future
employee (art. L.5221-5 to 11 Ct).
• Similar procedure in the EU Member States
 Specifics principles for social area
2. Equality of salary between women and men
Art. 157 §2 TFUE + Directive no. 2006/54/CE :
• « Remuneration » widely heard:
• For Cour de cassation re. compensation for dismissal (Cass. soc.
11 July 2018).
• For ECJ re. compensation for sick leave, maternity leave.
• Equal pay, without discrimination based on gender implies:
• that the remuneration granted for the same work at piece shall be
calculated on the basis of the same unit of measurement
• that the remuneration granted for time-paid work be the same for
the same job.
 Specifics principles for social area
2. Equality of salary between women and men

• States may adopt measures providing for specific incentives to

facilitate the exercise of a professional activity by the under-
represented gender (art. 157 § 4, art 23 § 2 CDF).
• E.g., a collective agreement providing for the sole benefit of female
employees a half-day's rest on the occasion of the International
Women's Rights Day is valid (Cass. soc. 12 July 2017).
Collective relationship under European labour law

• European social partners

• Collective disputes: right to strike
• Collective disputes: lock-out
 Collective relationship: European social partners

• Employers’ organisations:
• BusinessEurope (previously, Union of Industries of the European
Community - UNICE) for private sector.
• European Centre of Employers and Enterprises providing Public
services (CEEP) for pubic sector.
• Workers’ organisations:
• European Trade Union Confederation (ETUC).
• European Confederation of Independent Trade Unions (CESI).
 Collective disputes: right to strike

• Art 153 TFU: no regulation or directive on the right to strike

• But ECJ Viking 2007 and Laval 2007 :
Have submitted the exercise of the right to strike by seconded workers
to certain restrictions arising from economic freedoms such as the
freedom of establishment and the freedom to provide services
 Collective disputes: right to strike
In France: “a collective and concerted work stoppage to support
labour demands/claims” (Cass. soc. 23 October 2007).
4 cumulative conditions to have a strike:
1. Total cessation of work.
2. Collective cessation of work.
3. Concerted cessation of work.
4. Requirement for professional/labour claims/demands.
 Collective disputes: lock-out

• In France, the employer cannot decide the temporary stoppage

of the activity by closing the company during a collective
dispute (« lock-out »).
• In France, lock-out is illegal if it is done to prevent or break a
strike.
• By exception « lock-out » will be legal if it is justified by a
constraining situation (policy and security requirements).
Individual relationship under European labor law
• Maternity & paternity social protection/social protection in the event of illness

• The essential elements of the employment contract

• Amount of remuneration

• Working time

• Calculation of paid leave

• Standard provisions of the employment contract

• Dismissal/disciplinary proceedings

• Legal dispute resolution procedures

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 Individual relationship: maternity & paternity social
protection

• European Social Charter dated 3 May 1996 + Directive no.

92/85/CEE dated 19 October 1992
• Access to employment (selection, recruitment + employment
relationship): a woman does not have to inform the employer of
her pregnancy (L.1225-2 Lc).
 Maternity & paternity social protection
• Individual dismissal: no text of general application (Article L.1225-4
et 5 Lc).
• Question addressed under other items: directive no. 92/85/CEE
dated 19 October 1992.
• Prohibition of dismissal during the period from the beginning
of the pregnancy until the end of maternity leave.
• Except if duly justified, not linked to the pregnancy (e.g.
occurrence of a collective redundancy made necessary for
economic reasons).
 Maternity & paternity social protection

• Termination of a permanent contract or early termination of a

temporary contract is not allowed.
• Regardless of whether the interested person has failed to inform
the employer of her pregnancy.
• The directive shall also apply to non-employees (workers).
• E.g., for a women member of a management committee (ECJ
2010 Danosa).
• Admission of positive discrimination in favor of the mother living
alone.
 Maternity & paternity social protection
• Maternity leave (Directive dated 19 October 1992): exclusion of
women using surrogate mothers even if they are
breastfeeding (no discrimination ECJ 18 March 2014 CD v. ST).
• Maternity leave is at least 14 continuous weeks spread out
before or after childbirth.
• 16 weeks in France for the first 2 children (6 before/10 after) /26
for the 3rd (8/18) / 34 for twins (12/22) et 46 for triplets (or more
24/22).
• France: paternity leave: (previously 14 days) 28 days in force
since 1st July 2021. Paternity leave of at least 10 days will have
to be introduced in all Member States by summer 2022.
 Maternity & paternity social protection
• Remuneration or « adequate allowance »: national legislator can
provide better provisions (via employment contract or collectives
agreement).
• E.g.: a provision under an employment contract may provide for a
higher remuneration than the legal standard if the employee
undertakes to return to work after the birth at least for one month (ECJ
27 October 1998 , Boyle e.a).
• The mother may waive the maternity leave, except for 2 weeks
divided before and after the birth.
• The national legislator may grant the mother the right to transfer the
benefit of the maternity leave to the father for a period exceeding
the mandatory time off-duty.
 Social protection in the event of illness
• European Social Chart 1961 + European Social Security Code
dated 1964 as ratified by France in 1985:
• Improvements and harmonization.
• Requirement (but partial ratification possible) to establish
schemes for social insurance (sickness, maternity, invalidity, old-
age, death), accidents at work and occupational diseases, family
benefits.
• Legal obligations for the States: has no direct effect on
individuals.
 The essential elements of the employment contract

• Directive dated 20 June 2019 regarding information required

under the employment contract:
• Identity of the parties.
• Place of work, fixed or main place.
• If the employee is employed in several places: free to determine
his/her place of work, as well as the registered office of the
enterprise or the domicile of the employer.
• Title, grade.
• Job description.
• Starting date of the employment relationship.
 The essential elements of the employment contract

• End date or expected duration if fixed-term contract.

• If temporary workers, user undertaking.
• Probation period (in France, art. L.1221-20 Lc.: If fixed-term
contract: 1 month / for indefinite contract: max 4 months for
workers/employees, 6 months for supervisors and 8 months for
managers).
• Right to training (as the case may be).
• Duration of paid leave.
 The essential elements of the employment contract
• Procedure to be followed if the employment relationship is
terminated.
• Remuneration (periodicity and modality of payment).
• Work pace (predictable or unpredictable).
• Collective convention.
 Amount of the remuneration (risks management)
• Fair remuneration? No European minimum wage.
• Parliament's idea: a minimum income set at 60% of the median
income indicated State by State.
• Maximum remuneration (Directive dated 24 November 2010):
• Requirement for credit institutions and investment firms to
have remuneration policies that are consistent with effective
risk management.
 Calculation of duration of working time

Directive dated 4 November 2003:

• In each period of 24 hours, the employee shall have a daily rest
period of at least 11 consecutive hours.
• French legislator limits to 10 hours the daily working time
(subjected to limited exceptions)
• Minimum daily rest of 11 consecutive hours.
• No daily working time can be up to 6 hours without the employee
benefiting from a 20-minute break, unless more favorable
contractual provisions apply.
 Calculation of duration of working time
• Cass. soc. 17 October 2012 : the burden of the proof for
thresholds and caps under the UE falls on the employer.
• Directive dated 2003 refers to and addressed such matter on weekly
reference.
• The working week shall not exceed 48 hours, including overtime.
• But States, without having to justify special circumstances, can limit
themselves to imposing compliance with the 48 H rule within a
reference period of 4 months. (Art. L.3121-20 ct.)
• In addition, ECJ admits that the 48 hours period may be exceed for
exceptional circumstances (ECJ ordo. 14 July 2005)
 Calculation of paid leave
• Any period of work leads to an entitlement to paid leave.
• There is no minimum actual working period imposed to the
employee to benefit from it.
• No replacement by an allowance/indemnity except in the event
of termination of the employment relationship.
• No forfeiture/loss of paid leave, unless the employee
deliberately refrains from exercising such right after being
informed by the employer.
 Calculation of paid leave

• All employees (and civil servants) working full-time shall be entitled

to annual paid leave of at least 4 weeks.
• Each State is free to go beyond.
• Possibility of different arrangements depending on whether the
paid leave results from actual work, parental leave or periods
assimilated to working time (illness, accident).
• Annual leave shall be paid (ordinary remuneration).
 Calculation of paid leave
• The Directive did not provide for a period of paid leave and
refers to national legislation.
• If the employee is on sick leave during the period of annual
leave as determined in the company: the employee may
benefit from the annual leave even if the normal period
expired.
• ECJ 2019 CV v./ Iccrea Banca SPA + ECJ 2020, QH v./Varhoven
in favour of a right of paid leave during the period of dismissal of
a dismissed employee (dismissal subsequently deemed null and
void)
 The essential elements : paid leave
• ECJ : possible maximum period beyond which the right to
annual leave lapses (after 15 months, ECJ 2011 KHS AC c.
Schulte).
• In France, since 1982, any employee is entitled to 2,5 days of rest
per month of activity during the reference period from 1 June of
the previous year to 31 May of the current year.
• Art. L.3141-13 Lc : The period for taking paid leave is fixed by
collective agreements. It shall in all cases include the period from 1
May to 31 October of each year. In the absence of customary
practice and after consultation with the CSE.
 Standard provisions under employment contract

• Non-compete / non solicitation clause

• Exclusivity clause
• Confidentiality clause
• Geographic mobility clause
• Performance target clause
• Binding training commitment clause (Clause de dédit-formation)
Today’s Session 4 has looked at the start of the
relationship between an Employer and a Working Person

Session 5 will look at the end of the relationship

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Time for a case study!
But first, remember that your first reflection is due this
Sunday.
Draw on your personal experiences, showing how the exploration of
concepts addressed in the first half of the course has helped you better
understand what you did or observed in the past.
It’s not useful for you to simply restate what you learned or found
interesting—you need to apply what you learned or found interesting to real
experiences from your life.
All else being equal, you’ll get more points if you put more time into it, delve
more deeply, touch on more subjects, and/or make it more personal.

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