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Our Legal Flash Bulletin n°3

Key decisions.
Mental health under judicial supervision.

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Our Legal Flash Bulletin n°2

The firm is participating in the Paris Bar Association’s ProBono Awards for the RoseUp association!

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Our Legal Flash Bulletin n°1

The firm creates BERRI Training
A human and effective response to the legal challenges facing businesses

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Major changes in social protection as of January 1, 2025

The beginning of 2025 marks significant changes in the field of social protection. These changes affect both employers and employees, with implications for contributions, benefits, etc.

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Termination of the probationary period by the employer: obligations and rights

The termination of the trial period by the employer is governed by specific legal obligations, but are you aware of them? Although the trial period allows both the employer and the employee to test their working relationship, it is not exempt from rules.

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Key social measures in the 2025 Finance Bill

The 2025 finance bill, which has been definitively adopted, introduces significant social measures that could impact your daily life. This text, voted on after invoking Article 49.3 of the Constitution and rejecting the motion of censure, …

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Adjustment of employer contribution rates: what you need to know

The recent increase in the minimum wage has led to significant adjustments in employer contribution rates for health insurance and family allowances. Since November 1, 2024, new rules…

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Dismissal and sick leave: what the law says

When an employee is on sick leave following an accident at work, their employment contract is generally protected. However, the total and permanent cessation of the company’s activity may justify the termination of this contract. This was confirmed by the Court of Cassation…

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Understanding the implications of a general settlement on anxiety damages

Drafting a transaction in general terms can have significant legal consequences, particularly with regard to anxiety damage. The Court of Cassation has handed down a ruling that perfectly illustrates this situation.

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Contentieux de l’incapacité : la CPAM a l’obligation de communiquer les documents médicaux

The disclosure of medical documents by the CPAM (French Social Security) is a legal obligation in the context of disability disputes. A decision by the Court of Cassation highlighted this requirement by overturning a previous decision for failure to comply with this obligation.

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CSRD: An AFA guide to help companies with their sustainability reporting

The CSRD directive imposes new non-financial reporting requirements on companies starting in 2025. The French Anti-Corruption Agency (AFA) recently published a guide to help companies integrate anti-corruption indicators into their sustainability reporting. This guide is essential for understanding how…

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Understanding the contractual relationship between a company and its executive

The contractual relationship between a company and its executive often raises complex questions, particularly when it comes to distinguishing between an employment contract and a corporate office. The executive’s ability to influence the company, the nature of the tasks performed, and the nature of the contractual relationship are essential criteria…

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Expansion of the redeployment scope: what you need to know

The scope of the obligation to redeploy employees in the event of redundancy has just been significantly expanded. The Court of Cassation has redefined the parameters of this obligation, …

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AJPA: the compensation period may be extended

The duration of compensation for the daily caregiver allowance (Ajpa) can now be extended. A decree paves the way for this adjustment, thereby offering a better fit with the needs of caregivers.

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Compensation for unused time off is excluded from the calculation basis.

Compensation for unused time off in lieu is not included in the calculation of severance pay. This was confirmed by the Court of Cassation in a ruling dated September 4, 2024.

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Challenging a notice of unfitness and the role of the judge

The notice of unsuitability of an employee may be contested by the employee or by their employer. This procedure, although complex, is essential to ensure a fair and impartial assessment of the employee’s suitability for their position.

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The term “CAE” takes precedence over other grounds for recourse to fixed-term contracts.

The term “CAE” on a fixed-term contract (CDD) can have significant implications for employers and employees. This often overlooked detail deserves special attention…

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Partial activity and paid leave compensated by a fund: hourly calculation rate

The latest changes to the rules governing partial activity compensation and paid leave compensated by a fund raise important questions for employers.

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Social Security Financing Act for 2024: New developments regarding social security contributions

How will the changes to the Social Security Financing Act (LFSS) for 2024 impact your social security contributions? An overview of the key adjustments that could affect your business.

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Refusal of a permanent contract after a fixed-term contract or assignment contract: new procedure

After a fixed-term contract or a temporary contract, the employer may offer the employee a permanent contract. What happens if the employee refuses?

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Discrimination and disability: who bears the burden of proof?

The burden of proof in cases of disability discrimination lies first with the employee, then with the employer. Let’s take a closer look at this essential concept.

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The “mystery shopper”: a legal tool for monitoring employees?

Monitoring employees in the workplace is a sensitive issue. Did you know that employers can legally monitor and supervise their employees’ activities during working hours, including through the use of “mystery shoppers”?

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URSSAF audit: Errors that can invalidate the procedure

Did you know that URSSAF audits are subject to a number of strict rules? Compliance with these rules is essential for the validity of the procedure. Failure to comply may result in the audit and adjustment being declared null and void.

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Employee protection status and disciplinary procedures: clarification

A complex issue has been clarified: can an employee who acquires protected status during disciplinary proceedings be required to accept a change to their employment contract?

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Social protection in 2024: changes to anticipate

The beginning of 2024 marks the entry into force of several new developments in the field of social protection. These changes, which affect both employers and employees, deserve our full attention.

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Understanding self-defense: its conditions and legal implications

Are you familiar with the legal conditions that determine self-defense? Here is some insight into this key concept in French law, governed by the Penal Code. When legitimate fear leads to defense.

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Temporary work and no waiting period: no reclassification as a permanent contract?

Did you know that failure to observe the waiting period between assignments for a temporary worker does not result in their contract being reclassified as a permanent contract?

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Key measures of the criminal justice reform project

In 2021, the President of the Republic launched a large-scale public consultation on the functioning of the justice system: the “États généraux de la Justice” (Justice Forum).

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In the event of theft by deception, the manager is criminally liable.

Did you know that a former company executive can be held criminally liable if they orchestrate theft by deception? This was recently confirmed by the Court of Cassation…

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Social security: a significant increase in the ceiling expected in 2024

Did you know that a significant change is coming regarding the Social Security ceiling (PASS)?

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Fraudulent bankruptcy: conditions and penalties for the crime of bankruptcy

When a company or sole proprietorship is involved in receivership or bankruptcy proceedings, the manager must be very careful about their actions.

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How unemployment insurance works

The principle of unemployment insurance is to protect employees when they lose their jobs. This compulsory insurance provides unemployment benefits and encourages people to return to work.

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Value sharing bonus

In August 2022, the government introduced a value-sharing bonus with the aim of increasing the purchasing power of employees who would benefit from this advantage. What is the value-sharing bonus?

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Is the partner subject to a non-competition obligation?

The partner is not, in principle, bound by a non-competition obligation. Consequently: The partner may hold shares in a competing company. The partner is authorized to engage in a competing individual activity.

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Zoom: The non-competition clause

Non-compete clauses are becoming increasingly common. Previously reserved for senior executives, they now appear in most employment contracts for managers, technicians, supervisors, and even employees.

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Traffic accident: the driver’s criminal and civil liability

In the event of a traffic accident, the driver responsible may face two types of liability: civil liability and criminal liability.