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Dentons lawyers named in Who’s Who Legal Thought Leaders: Global Elite 2019 guide
Dentons is proud to congratulate six of our lawyers who have been recognised by Who’s Who Legal in its Thought Leaders: Global Elite 2019 guide.
With all the changes and announcements in 2018, our Eurozone Hub has collated the following supervisory outlook for 2019 as a non-exhaustive “Playbook” for Banking Union Supervised Institutions and other regulated market participants already based in or otherwise relocating to the EU and/or the Eurozone.
Canada Federal Budget 2019
In the wake of the release of the much-anticipated 2019 Federal Budget, members of Dentons’ Tax group, together with a team at Wolters Kluwer, have prepared a Special Report which provides a detailed analysis and concise summary of the changes featured in the Budget.
Global tax guide to doing business in... 2019
Our Global tax guide to doing business in… highlights the complexities of corporate tax systems in 28 countries across Africa, the Americas, Asia Pacific, Australia and Europe.
US Policy Scan 2019
In Policy Scan 2019, Dentons' US Public Policy team's annual analysis of the legislative and political landscape, we take a close look at the issues, questions and conflicts that will dominate the dialogue on Capitol Hill and in the White House over the coming year.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 175 locations in 78 countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
The Legal 500 EMEA 2019 recognizes over 130 Dentons lawyers
The 2019 edition of The Legal 500 Europe, Middle East and Africa has recognized 133 Dentons lawyers, of which 89 have been included in the elite “Leading Lawyers” list, while 44 are listed as “Next Generation Lawyers”.
Dentons launches Market Insights publication: “Digital Transformation and the Digital Consumer”
Dentons, the world’s largest law firm, has launched a new Market Insights publication entitled “Digital Transformation and the Digital Consumer”, which examines the legal implications of the online economy.
Dentons ranks across 68 tables securing 109 individual and 43 practice rankings in Chambers USA
Global law firm Dentons earned 109 individual and 43 practice rankings - a 20% increase over last year - in the most recent edition of Chamber USA.
the French Court of Cassation has defied the CJEU and confirmed that the time spent travelling between home and customers' premises is not counted as effective working time.
By a judgment published on 30 May 2018, the Court of Cassation's social chamber confirmed its own case-law concerning the professional travel time of an itinerant employee between his home and his customers' premises, strictly applying article L. 3121-4 of the Employment Code (Court of Cassation, social chamber, 30 May 2018, No. 16-20.634).
It may be recalled that article L.3121-4 of the Employment Code provides that: “The professional travel time to go to the place of performance of the employment contract is not effective working time. However, if it exceeds the normal time for the trip between the home and the usual place of work, it shall be the subject of compensation either in the form of time off, or in financial form. The portion of this professional travel time which coincides with working hours shall give rise to no loss of pay”.
In the case at hand, an itinerant employee signed an addendum to his employment contract providing for a fixed working week of 42 hours together with a fixed allowance of 16 hours per week as compensation for his travel time between his home and his customers. The employee subsequently disputed the hours for travel time, considering that the time spent travelling should have been considered to be effective travel time and compensated as such.
The Court of Appeals and the Court of Cassation made a strict reading of article L.3121-4 of the Employment Code, dismissing the employee's claims, after:
By this decision, the French Court of Cassation rejected the employee's claim to apply Directive 2003/88 as it has been interpreted by the CJEU in the Tyco case (CJEU, 10 September 2015, Case C-266/14- Tyco), namely that where workers do not have a fixed or habitual place of work, the travel time constitutes “working time”.
Indeed, the CJEU had added that determining the method of remunerating itinerant workers was solely a matter of national law and not covered by the Directive.
Even though article L. 3121-4 of the Employment Code does not comply with the Directive and the CJEU's interpretation of it, the French Court of Cassation could not adopt a different solution without proceeding with a contra legem interpretation of this article and deeming travel time to be equivalent to effective working time, which it cannot permissibly do (Court of Cassation, social law chamber, 9 July 2014, No. 11-21.609).
Finally, it should be noted that the Court had proposed, in its 2015 annual report, to amend article L.3121-4 paragraph 1 of the Employment Code in order to make it compliant with European Union law (Rapp. C. Cass. 2015, p 70-71). For the moment, national law continues to be applied despite the risk of its incompatibility with European law being raised.