| 1. Is it a legal
requirement that employees must receive an employment
contract ? |
No statutory requirement, however
employment contracts may be required based on certain
labour agreements and for other specified cases, e.g.
fixed term contracts; apprentice contracts. |
| 2. What factors constitute
a fair dismissal i.e.legally justifiable reasons to
terminate employment without the need to pay compensation?
|
If the dismissal is for a substantial
and serious reason and for personal or economic factors
(e.g. redundancy). Subjective reasons are not valid
for a fair dismissal. |
| 3. What is good practice
with regard to dismissal procedures to minimise the
risk of claims for unfair dismissal? |
Good documentation describing the
dismissal procedure and awareness based on advice, of
what has previously constituted a fair dismissal following
interpretation in the French courts. |
| 4. If an employee
is dismissed unfairly what is the financial range of
compensation that can be made to employees? |
- Up to one month's gross salary
for non-compliance with the dismissal procedure
and/or
- Compensation (e.g. 6 months
gross salary, if more than 2 years employment and
the company employs more than 10 employees)
- Possible reimbursement of employment
contributions to the unemployment agency (up to
6 months).
|
| 5. Do employees have
the right to be members of a trade union? |
Yes (members obtain better protection
against dismissals) |
| 6. Is there any legal
requirement for an employer to contribute to a pension
for employees? |
Yes, in certain situations, but the
share of contribution is relatively minimal. |
| 7. What are standard
maternity rights? |
- Protection against dismissal
- Six weeks maternity leave before
birth, 10 weeks after birth (period can be extended,
after third child)
|
| 8. What are parental
leave rights (including paternity leave)? |
- 3 days birth leave for fathers
- 11 days leave for fatherhood
- 3 years educational parental
leave for one of the parents (labour agreements
may provide longer periods)
|
| 9. When are employees
eligible for redundancy payments? |
When dismissed for that reason. |
| 10. What are the
statutory redundancy payment limits? |
20% of the salary per year of employment
( + 15% per year above 10 years) |
| 11. Can existing
employees be dismissed if you buy a business with employees? |
No, not in accordance with EU law. |
| 12. Any other general
legislation? |
Discrimination and other EU regulations;
and harassment has |
