Warren & Hays LLC

As Sindy packs for France, I find myself daydreaming about the viability of taking our business across the pond. A quick internet search leads me to two conclusions: (1) we wouldn’t have a clue because the laws are so drastically different and (2) our employer clients should feel very fortunate to be located here in the U.S., even in the face of union and employee friendly legislation.

The employee-friendly nature of Canadian employment laws is well-known. French law is Canadian law on steroids. A few examples:

·         There is no employment at-will in France. Employment contracts are required for all employees, at whatever grade or level. The term of employment is often indefinite and specific agreements for short limited term employment are tightly regulated.

·         Terminations are subject to stringent, procedural statutory constraints. Very formal, very proper and very convoluted, particularly in the case of lay-offs.

·         A number of French State Agencies have a statutory right to be advised of, and in some cases to authorize, proposed dismissals by private sector employers.

·         It is easy and inexpensive for an employee to start a lawsuit against his/her former employer and it is rare that a claim is dismissed without an award against the employer.

While U.S. employers are facing increasing restraints on the right to terminate employment by virtue of expanding discrimination laws and exceptions to employment at-will, we are far from the absolute protections afforded to French employees.

Bon Voyage to Sindy!