Go Back   British Expats / Living & Moving Abroad / Europe / France

Closed Thread
 
Thread Tools
Old May 1st 2012, 3:50 pm   #1
BE Enthusiast
 
wombatboy's Avatar
 
Joined: Mar 2004
Posts: 362
wombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to all
Default Notice Period - emplyment legal advice

Hello

I might be taking a new job in another country (US) and will have to give notice. Unfortunately on my contract my notice period is 6months which will mean the other place maybe will have a problem hiring me. Would anyone have any contacts for law advice in France?

I asked a lawyer and he said I have to give personal grounds to leave notice period early, but I am considering sitting down with my company to mutually agree the best notice I can give with respect to finding a replacement for my role.
Only trouble is they have been difficult with people leaving in the past and hold them to their notice. A bit stressed about it as my French is so intermediate that tackling HR seems scary.

ps my english translation of contract says 6 months but my french contract says something else. Hence why I want to see a lawyer.

Last edited by wombatboy; May 1st 2012 at 5:12 pm.
wombatboy is offline  
Sponsored Links
Old May 1st 2012, 7:38 pm   #2
BE Forum Addict
 
Tweedpipe's Avatar
 
Joined: Oct 2007
Posts: 1,709
Tweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond repute
Default Re: Notice Period - emplyment legal advice

As a manager in France I always worked closely with HR.

You say, "my english translation of contract says 6 months but my french contract says something else." This intrigues me.
Did HR initially give you a contract in French AND in English? If so, it's possible (but highly unlikely) that there was conflicting information regarding the period of notice required for terminating employment.

Or have you done an on-line translation from your French contract - results of which and/or interpretation can always be a bit 'iffy'.
__________________
“Un tatouage sur le cul est déjà la preuve d'un problème dans la tête"

I spent a couple of hours defrosting the fridge last night. Or "foreplay" as she likes to call it.
Tweedpipe is offline  
Old May 1st 2012, 8:25 pm   #3
BE Enthusiast
 
wombatboy's Avatar
 
Joined: Mar 2004
Posts: 362
wombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to all
Default Re: Notice Period - emplyment legal advice

Thanks for your reply! They gave me a french contract which stated it depends on my classification of role for my notice period. Then i got sent a translation in english that stated 6 months instead of that section.
So it depends on notice period relating to my role in the creative advertising industry. Apparently.
wombatboy is offline  
Old May 3rd 2012, 5:42 pm   #4
BE Forum Addict
 
Tweedpipe's Avatar
 
Joined: Oct 2007
Posts: 1,709
Tweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond reputeTweedpipe has a reputation beyond repute
Default Re: Notice Period - emplyment legal advice

After discussion with an HR specialist:-
Here's the link which should answer all your queries.

Contractually (and probably legally) it would appear that you would have to give 6 months notice prior to leaving. French companies usually state such a notice in their offer letter so that they can have sufficient time to source a new candidate.
If you wanted to leave, say after 3 months (for example having accepted another employment) you would have to state personal grounds for leaving. Or, if you are on good terms with your manager, try to renegotiate the initial 6 months down to 3 months.

Q- What would happen if you left early without having the agreement of the company?
A- You would lose all benefits and other compensation during the 6-month notice period (which is normal and which is most common, employees leave a company to join another so they should not be able to benefit from the former company's compensation/benefits plan).
Or:
- The company could request that you pay X amount to compensate those 6-months 'not worked' or other fees - this could get ugly - and a visit to the office of the Ombudsman could be in order to seek for advice, and see what is the common practice of companies in that region.
__________________
“Un tatouage sur le cul est déjà la preuve d'un problème dans la tête"

I spent a couple of hours defrosting the fridge last night. Or "foreplay" as she likes to call it.
Tweedpipe is offline  
Old May 3rd 2012, 8:04 pm   #5
BE Enthusiast
 
wombatboy's Avatar
 
Joined: Mar 2004
Posts: 362
wombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to all
Default Re: Notice Period - emplyment legal advice

Thank you so much Tweedpipe. I couldn't find anything before. This information is really helpful. I was planning on giving personal reasons, but I hope they understand - i will work with them to find replacement
wombatboy is offline  
Old Jun 4th 2012, 7:04 pm   #6
BE Enthusiast
 
wombatboy's Avatar
 
Joined: Mar 2004
Posts: 362
wombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to allwombatboy is a name known to all
Default Re: Notice Period - emplyment legal advice

well, here's the kicker. I went to a lawyer to check out my contract + english translation.

It turns out that the level I was on in my contract for advertising was only a 3 month period of notice. And the company had put 6 months on my translation - but this was not true.
I am not sure whether this was a clerical error. Um.

So I am currently working my 3 months notice and off to LA. Will miss France a lot. But whatever - you have to go where opportunity knocks.
wombatboy is offline  
Old Jun 4th 2012, 8:44 pm   #7
BE Forum Addict
 
Joined: Aug 2008
Location: 32 Gers ; Between Toulouse and Auch
Posts: 1,335
dennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond reputedennerlymum has a reputation beyond repute
Default Re: Notice Period - emplyment legal advice

Glad to hear that you got it sorted!
__________________
www.inlingua31.fr
dennerlymum is offline  
Closed Thread

Go Back   British Expats / Living & Moving Abroad / Europe / France

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


 

All times are GMT. The time now is 2:12 am.


Powered by vBulletin: ©2000 - 2014, Jelsoft Enterprises Ltd.
© 1999-2010 BritishExpats.com