Frédéric CHHUM

Depuis le 16 octobre, 2011, Le Dee Jay est rebaptisé "platiniste" par l'Administration française (JO 16 octobre 2011, p.17524). En effet, la Commission générale de terminologie et de néologie, a francisé 30 nouveaux mots utilisés dans la Communication, la Publicité et l'Audiovisuel (Le Monde 20 octobre 2011 : Ne dites pas à David Guetta qu'il est devenu platiniste). La publication des nouveaux termes au Journal Officiel, rend "leur emploi obligatoire, à la place des équivalents étrangers, ...

When an employee is dismissed, three questions occur: - Is my dismissal letter challengeable? - Which Conseil de prud'hommes should I refer to? - How much can I sue for and obtain in case of unfair dismissal? 1) What information must be contained in the dismissal letter? One dismissal (personal or economic) should be based on a real and serious cause (art. L. 1232-1 and L. 1233-2 of the Labor Code). The dismissal letter is the key point of the dismissal ...

1) Facts: John Galliano could have made racist and anti-Semitic remarks Arrested on February 24th, 2011, in the evening, following an altercation at the “La Perle” cafe, a trendy bar in the Marais (Paris III), John Galliano, drunk, would have hurled to a Jewish woman “Dirty Jewish face, you should be dead” and her boyfriend “Asian fucking bastard, I will kill you”. The British designer was hired in 1996 by Bernard Arnault, chairman of LVMH, to ...

1) Facts: John Galliano could have made racist and anti-Semitic remarks Arrested on February 24th, 2011, in the evening, following an altercation at the “La Perle” cafe, a trendy bar in the Marais (Paris III), John Galliano, drunk, would have hurled to a Jewish woman “Dirty Jewish face, you should be dead” and her boyfriend “Asian fucking bastard, I will kill you”. The British designer was hired in 1996 by Bernard Arnault, chairman of LVMH, to ...

The conventional break doesn't aim amiable break, neither the collective agreement of manpower planning. But on the other hand, the conventional law is possible to the protected staff representatives. In this case the work inspector is competent to according an authorization for the certification of the agreement. Step 1: The preparatory discussion Such discussion is not subject to a particular formalism. Such discussion takes place during one (or ...

Where a company that has its main place of business outside of France and no offices in France wishes to hire a salaried employee on French territory (employeur sans établissement en France), specific rules apply with regards to the payment of social security contributions. This includes social security, CSG (cotisation sociale généralisée / general social contribution), CRDS (contribution pour le remboursement de la dette sociale / contribution for the reimbursement of the social debt), as well as ...

Article 2 of the law of June 25th 2008 introduces new duration for trial periods. It also determines conditions and procedures relating to their renewal, and defines the modalities for concluding such trial periods. It provides for maximal durations of the trial periods and deletes the minimal duration of such trial periods. It should be noted that the trial period must be expressly stipulated in the employment contract. 1) Duration of the trial period ...

The conventional break doesn't aim amiable break, neither the collective agreement of manpower planning. But on the other hand, the conventional law is possible to the protected staff representatives. In this case the work inspector is competent to according an authorization for the certification of the agreement. Step 1: The preparatory discussion Such discussion is not subject to a particular formalism. Such discussion takes place during one (or several) ...

1) Definition The employer and the employee can agree in common on the conditions of the breach of the employment contract (art. L. 1237-11 of French labour code). This breach is formalized by an agreement signed by the parties. 2) Procedure During one or several interviews, the employer and the employee agree on the principle of a conventional breach. During such interviews, the employee can be assisted either by an employee of his/her company or ...

The industrial and commercial public establishment “Réunion des musées nationaux” (RMN) recruited security guards for exhibitions, by fixed-term contracts. Those employees worked in the national gallery of the Great Palace during the temporary exhibitions periods. The employees referred the case to the French employment tribunal (“Conseil des prud'hommes”) to ask for a re-skilling (“re-qualification”) of their contracts in open-ended ...

Kürzlich musste sich die HALDE (Gremium zur Bekämpfung jeglicher Art von Diskriminierungen und für Gleichstellung) mit der Frage der Diskriminierung im Bereich des Synchronisierens auseinandersetzen. Sie war von einer farbigen Schauspielerin angerufen worden, der ein Synchronisierungsauftrag verweigert wurde, mit der Begründung ihre Stimme sei zu eigenartig. Die HALDE hat darauf hingewiesen, dass die Auswahl eines Schauspielers für die Synchronisation nur auf den Eigenschaften seiner Stimme und seiner ...

By a decision of April 30rst, 2009 n°07-40.527, the French Supreme Court of appeal (Cour de cassation) completes its case law about the principle “equal pay for equal work” by broadening it to the traders' bonus. 1) Facts and procedure A trader qualified as a “financial analyst” was given a variable bonus. This one was fixed discretionary by the employer. Contrary to his colleagues, the trader has seen his bonus progressively ...

Today, age is one of the first discrimination grounds in Europe and in France. People who are the most concerned are the “young” who start on the labour market and the “old” who are near from retirement. The EU Law creates a global law protection against those discriminations. 1) General Principles Following the article 13 of the EC Treaty, the Directive 2000/78 of November 27th, 2000 “creating a general framework in favor of ...

Since December 2007, Frédéric CHHUM has created his eponym law firm dedicated to French and international labor law (counsel and litigation); Frédéric CHHUM advises French and foreign companies, as well as employees, executives (“cadres”) and senior executives (“dirigeants”). Frédéric CHHUM has an extensive experience in labor law (counsel and litigation) and especially in advertising, communication and media sectors; in this respect, Frédéric CHHUM is the ...

The circular n°2009-04 of March, 17th 2009 dealing with the conventional breach of no-ending contracts, specifies, in particular, the possibilities to use a conventional breach in a redundancy framework. Indeed, the Law of June 25th, 2009 already limited the use of the conventional breach by excluding from its field the part of the French Labor Code about redundancy. The circular of March, 17th 2009 specifies today such limitation's impact. The circular (§1.3 and 1.4) points out ...

The article L.3111-2 of the French Labour Code defines the senior executive (“cadre dirigeant”) notion. It excludes them from the field of the titles II (working hours, distribution and organisation of hours) and III (weekly day off and bank holiday) of the thirst part of the French Labour Code. In the decision of the 13rst January 2009 (n°06-46.208 P+B+R), of the Social Chamber of the French Supreme Court, in its ratio decidendi, reminds this definition of the senior ...