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The Constitutional Court is rescuing the blue-collar workers again
Judicial assessment of reasonable notice to reduce contractual notice: public policy or contract reduction? memo under Com., 22 October 2013, No 12-19500
Dynamic learning of the environment for eco-citizen behavior
The development of sustainable smart cities requires the deployment of Information and Communication Technology (ICT) to ensure better services and available information at any time and everywhere. As IoT devices become more powerful and low-cost, the implementation of an extensive sensor network fo...
Predicting Employment Notice Period with Machine Learning: Promises and Limitations
Rapid advances in data analysis techniques—particularly for predictive algorithms—have opened the door for radically new perspectives on legal practice and access to justice. Several firms in North America, Asia, and Europe have set out to use machine-learning techniques to generate legal prediction...
Banker’s discretionary right to grant, refuse or terminate credit
(Aix en Provence, 12 December 2013, JurisData No 2013-030637; CA Nancy, 16 January 2014, JurisData 001000; COM., 14 January 2014, No 12-29.682, F-D; T. Com. Paris, 6th Ch., 24 January 2013, RD banc. fin. 2013, COMM. 78, OBS. F. Credot and T. Samin)
Report II.1. Meteorological assistance to the Dordogne flood announcement service
In the mountainous regions of the Vézère basin, flood forecasts from the observed rains allow a period of notice of only a few hours. In order to increase this period, it is necessary to have information on the extent of the expected rainfall. The procedures and methods used by the National Météorol...
Notice and formal notice of termination of employment contract, Cass. soc. 20 January 2010
Article L. 442-6-I-5° of the Commercial Code and the termination of commercial relations established
(Com. 23 janv. 2007, no 04-16.779, D. 2007.501, obs. E. Chevrier; 6 February. 2007, No. 03-20.463, D. 2007.1317, Note A. Cathiard; 6 February. 2007, no 04-13.178, D. 2007.653, Pan. A. Ballot-Léna, E. Claudel, B. Thullier F.-X. Train)
Transfer of the policy-holder, the only condition of the reduced notice period
Abrupt termination of an established business relationship: except in special circumstances, the granting of notice presupposes the continuation of the relationship with the previous conditions Rupture brutal of an established commercial relationship: except in special circumstances, prior notice shall be granted only if the relationship with the previous conditions is maintained: note under Cass. com., 10 February. 2015, No 13-26414, ECLI:FR:CCASS:2015:CO00126
Quarterly Chronique (dep.January 2014) By that judgment of 10 February 2015, the Commercial Chamber approved the court adjudicating on the substance of the case for finding that the termination of an established commercial relationship was brutal even though the termination was framed by twelve mont...
The constitutionally guaranteed exercise of the individual right to strike in response to the requirement of notice The constitutionally guaranteed exercise of the individual right to strike in response to the requirement of notice: TGI Nanterre, interim order, 10 February 2015, RG No 15/00372; SOC. 11 February 2015, Appeal No 13-14.607, to be published in Bulletin
Termination of trade relations: contractual notice: Cass., com., 6 March 2007, Appeal No 05-18.121, SARL UCT v SAS Schenker Joyau
The legal framework for the right to strike : comparative study Benin-France
Penal offense and then contractual fault, the strike became a constitutional right in France and Benin. This consecration comes in paragraph 7 of the Preamble of the French Constitution: "the right to strike is exercised within the framework of the laws that regulate it". Article 31 of the Beninese...
Unemployment. Immediate payment of allowances to an employee dismissed for serious misconduct. Obligation to return in the event of an employer being ordered to pay compensation for notice
To be or not to be
In all rural areas of Ontario, psychiatric hospitals have been closed fairly recently—between the late 1970s and early 1980s. One case in particular, that of the Northeastern Psychiatric Hospital in Timmins, an institution that offered services in French, inspired this study....
Determination of notice of termination of a contract between a doctor and a private establishment by reference to practice: resolution of the conflict of uses
Strike. Agreed advance notice. Unenforceability of strikers
The onset of the strike
National hearing. All the problems relating to the triggering of the strike are based on the question whether it is not appropriate to lay down a legal framework for the moment when the demanding will takes the form of a stop from work. Generally speaking, the triggering of a strike escapes legal co...
Doctor. Contract of Exercise. Provisional contract. Termination. Notice
(Paris, 25th Ch. B, 21 sept. 1990, Centre Surgical du Perreux c/Petiet, Juris-Data 023 402)
Power of the Director-General to lodge an appeal on a point of law. Failure to give notice in the event of a change by the employer to an essential element of the employment contract
Harmonisation of notice periods
There are many differences in status between employees and blue-collar workers. In particular, in the event of prior notice, the former benefit from a period longer than that which applies to the latter. This was born a century ago and has been denounced by trade unions for several decades. On a reg...
Exercise of the right to strike and collective bargaining
Cour de cassation, ch. soc., 7 June 1995, 1996. 75, note B. Mathieu; Dr. soc. 1995. 835, OBS. J.-E. Ray; 4 edition 2008, heading 196-198; 1996. 115, OBS. J.-M. Lhuillier; 1996. 153, OBS. J. Mestre
Reduction of contractual notice in the context of the application of L. 442-6, I, 5° c., obs. ss. CA Reims, 14 February. 2017, no 15/02398
Lack of employment alone does not allow for short notice
Mobility clause. Changes in working conditions. Refusal. Dismissal. Execution of the notice under the new conditions