The creation of a company, which is far from insignificant, requires considering various issues before the incorporation so that the project can be carried out successfully and achieved in the most relevant way possible.
As legal advisor, one of the first questions that the lawyer must ask his/her client is the overall purpose of the entrepreneurial project.
In case of unsubstantiated abuse of a fundamental freedom relied upon to justify the dismissal of an employee, the dismissal is void even if other grounds could justify the termination of the employment contract.
In a decision issued on June 29, 2022, the Cour de Cassation (French Supreme Court) applied for the first time the principle of “contaminating ground for dismissal” in the context of the use of freedom of expression.
In a decision issued on June 21, 2022, the Criminal Chamber of the Cour de Cassation (French Supreme Court) recalled its case law according to which it is necessary, in order to seek the liability of a legal entity, to explicitly identify the body or the representative having committed the offence on behalf of said legal entity.
In a recent decision issued on June 9, 2022, the First Civil Chamber of the Cour de Cassation (French Supreme Court) clarified the concept of spouses’ contribution to household expenses:
“The equity contribution, made by a spouse married under the separation of property regime, to finance the improvement, by way of construction, of an undivided property intended for family use, is not to be taken into account in the performance of his/her obligation to contribute to household expenses.”
In order to strengthen the protection of whistleblowers and prevent the risks of retaliation measures within their company, Law No. 2016-1691 of December 9, 2016 on transparency, the fight against corruption and the modernization of economic life requires companies with more than 50 employees to set up an internal whistleblowing system.
Law No. 2022-401 of March 21, 2022 designed to improve the protection of whistleblowers requires companies to update their internal whistleblowing system.
The “Protection of purchasing power” draft Bill dated June 27, 2022 reforms the so-called Macron bonus implemented in 2018.
As from August 1, 2022, companies will be entitled to to pay their employees an annual purchasing power bonus exempt from income tax and social security contributions under certain conditions.