The dismissal of the Director of a subsidiary by the director of the parent company is valid
Publié le :
13/09/2018
13
septembre
sept.
09
2018
Who holds the authority to dismiss someone in a company in France ? The French Labor Code designates the employer, ie the legal representative of the legal entity, in practice, an employee who has been delegated the power to dismiss. But caution is required, the delegation of authority to dismiss can in no case be delivered to a person outside the company. The French Court of Cassation has just ruled that the Group Chief Executive may dismiss the employee of a subsidiary without a written delegation if he supervises its activities. In so far as the managing director of the parent company controlled the activity (transmission of directives, follow-up of work meetings), he is not considered as a person removed from the dismissed employee’s employer company.
Historique
-
Webinar: Opening Up Shop, solutions to the challenges of opening in a new jurisdiction: Europe - insights in (1) Labour and employment requirements; (2) Corporate requirements; and (3) Payroll and Benefits Providers
Publié le : 19/09/2018 19 septembre sept. 09 2018NewsInsights Labour and employment requirements Corporate requirements...
-
The administration recognizes the ”right to make a mistake”
Publié le : 14/09/2018 14 septembre sept. 09 2018NewsA law of August 10, 2018 establishes a right to make mistakes in order to imp...
-
The dismissal of the Director of a subsidiary by the director of the parent company is valid
Publié le : 13/09/2018 13 septembre sept. 09 2018NewsWho holds the authority to dismiss someone in a company in France ? The Frenc...
-
Meal-allowances need not be worked into the calculations for holiday-pay.
Publié le : 22/08/2018 22 août août 08 2018NewsThe employer may grant those employees who will be taking their meals at odd...
-
The signing of a second mutally agreed termination (rupture conventionnelle) after refusal by the authorities requires a new cooling-off period
Publié le : 21/08/2018 21 août août 08 2018NewsIf, following a labour administration’s refusal to approve a mutually agreed...
-
New measures to prevent sexual harassment
Publié le : 21/08/2018 21 août août 08 2018NewsA law passed on August 1, 2018 requires companies with at least 250 employe...