Co-funded by the European Union

France: Published the new law on the functioning of the labour market

It contains several important provisions, especially on temporary contracts and termination of an employment relationship. 

The fundamental changes introduced are the following: 

- a presumption of resignation in cases of voluntary abandonment of position by the employee after receiving formal notice to justify the absence and to return to work by the expiration of a period set by the employer. The “resigning” employee has no title for the French public unemployment allowances. This presumption of resignation does not apply in case of justified or legitimate absence (such as health or safety, strike, unilateral modification of the employment agreement by the employer, etc.)

-      temporary contracts: job offers for permanent positions must be proposed in writing to perform similar functions. Aiming to encourage a return to employment, the law also introduces the employer’s obligation to inform the French public employment fund when temporary workers refuse such offers. Moreover, the law temporarily allows the arrangement of a single fixed-term employment agreement to replace several absent employees, only in certain limited sectors of activity to be determined by a decree for two years. However, it can not have the purpose nor the effect of permanently filling a job linked to the normal and permanent activity of the company.

You can find here previous news about France and indemnities for unfair dismissal in light of the recent decision of the Supreme Court.