The Right To Disconnect

The French government has presented before Parliament the “El Khomri” bill which, if passed, should modify a significant part of the employment law framework in France.

Among various provisions, the bill mentions the right, for the employees, to disconnect.

Indeed article 25 of the bill states that the employer has to regulate the employees’ use of digital tools in order to protect their private and family life as well as resting periods.

More specifically, it is provided […]

By | July 8th, 2016 ||

Ireland: How Does An Employer Objectively Justify A Mandatory Retirement Age?

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act” (“New Rule”) is “defective to its core” and thus preliminarily enjoined implementation of the New Rule nationwide. This decision […]

By | July 6th, 2016 ||

A Null And Void Non-Compete Clause Does Not Trigger Automatic Damages

Until now, there has been no requirement for an employee to demonstrate any loss suffered to be entitled to damages owing to a null and void non-compete clause inserted into his or her employment contract.

In its decision of 25 May 2016 (Cass.soc. 25 May 2016, n°14-20.578), the French Supreme Court reversed this approach. Henceforth, an employee will have to prove the loss suffered in order to claim damages.

In the present case, an employee of […]

By | June 30th, 2016 ||