Overview of the social jurisprudence
Companies in France have the feeling that when a prudhomme is launched, they are in trouble.
Some jurisprudential positions that are quite surprising lead to a fear of society that is quite justified.
The good sense of certain jurisprudential decisions can be questioned, Arnaud Blanc de la Naulte gives us some examples.
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The mobility clause: no infringement of the employee’s fundamental right to personal and family life
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Employees may not be heard as part of an expert appraisal commissioned by the CSE without the employer’s express agreement.
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An employee’s preliminary interview may be conducted by the authorized manager of another company in the same group.
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![Substitution clauses in promises to sell are unenforceable [...].](https://www.nmcg.fr/wp-content/uploads/2023/07/Capture-decran-2023-07-06-170816.jpg.webp)
Mass poaching of a competitor’s staff constitutes an act of unfair competition […].
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![Mass poaching of a competitor's staff constitutes an act of unfair competition [...].](https://www.nmcg.fr/wp-content/uploads/2023/07/Capture-decran-2023-07-06-170653.jpg.webp)

The journey from the hotel to the employee’s place of work does not constitute actual working time.
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The presumption of resignation for abandonment of post has not finished making headlines
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Nullity of dismissal: reinstatement possible for an employee who abandons his request for judicial termination
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The criminal conviction of an employee who has disturbed the smooth running of the company […].
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![The criminal conviction of an employee who has disturbed the smooth running of the company [...].](https://www.nmcg.fr/wp-content/uploads/2023/07/Capture-decran-2023-07-06-165223.jpg.webp)

The Distinctions











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