CASE COMMENTS: PUBLIC ACTIONS – FRANCE – MEASURE AS A PUNISHMENT – PROPORTIONAL PENALTIES

Measure as a punishment: The French Constitutional Council rejects the legal provision creating a penalty based on 1% of the wage share when the company fails to reach a company-level agreement dealing with the employment of older workers (People and Baby)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Constitutional Court has been seized of a priority constitutionality question (hereinafter "QPC"), referred by the Court of Cassation, concerning the constitutionality of the second paragraph of article L. 138-24 of the Social Security Code. This article was created by paragraph II of Article 87 of the Social Security Financing Act for 2009 (Act No. 2008-1330 of 17 December 2008 on the financing of social security for 2009). By introducing this article, the legislator intended to encourage the retention or recruitment of older employees. Its first paragraph provides for an obligation on enterprises employing at least 50 employees to conclude an

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Measure as a punishment: The French Constitutional Council rejects the legal provision creating a penalty based on 1% of the wage share when the company fails to reach a company-level agreement dealing with the employment of older workers (People and Baby) , 4 May 2018, Concurrences N° 4-2018, Art. N° 88206, pp. 196-197

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