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Human resources

Implementing teleworking: what the law says

The new law on the strengthening of social dialogue has brought many simplifications in the implementation of telework for companies.
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IT & Technology

The Digital Service Act (DSA): a new European regulation for greater transparency between platforms and their users

Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 (the Digital Service Act or "DSA") marks a milestone in the regulation of digital services within the European Union. This regulation, which came into force for all platforms on February 17, 2024, aims to enhance the safety and transparency of the digital environment for its users. Implications for businesses For businesses, this regulation means that they will have to comply with new obligations, the main ones of which are as follows: Security: Suspension of users who frequently disseminate manifestly illegal content;Measures guaranteeing a high level of protection for the privacy, safety and security of minors.Transparency: Clear information on general terms and conditions and their modification;Clarity and transparency of the online interface, advertising display and recommendation system; Internal complaints handling system;Transparency reports on their internal complaints handling systems and content moderation activities.Exemptions and flexibilities The DSA also recognizes certain exemptions, notably for microenterprises (fewer than 10 employees and annual sales or annual balance sheet total of less than €2 million) and small businesses (fewer than 50 employees and annual sales or annual balance sheet total of less than €10 million), so as not to hinder their growth with disproportionate regulatory burdens. These companies are exempt from the following obligations: Internal complaints handling system;Transparency reports on their internal complaints handling systems and content moderation activities.Consequences of non-compliance Platforms that fail to comply with the requirements of the DSA face severe penalties, which can include fines of up to 6% of their worldwide sales. This article is only an overview of Regulation (EU) 2022/2065. For more information, please consult the full text of the regulation: https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32022R2065
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Human resources

Publication of the gender equality index in companies

From March 1, 2021, companies with more than 49 employees must make their gender equality index public. This index, created 2 years ago, aims to fight against pay inequalities between different genders. What is the Gender Equality Index?The gender equality index was introduced in the law of September 5, 2018 “For the freedom to choose one's professional future”. Its objective is to assess compliance with the principle of equal pay between men and women. It is mandatory to publish it on March 1 of each year for all companies with more than 49 employees. This indicator is based on 4 to 5 criteria depending on the number of employees and makes it possible to generate a score out of 100. If the company's score is below 75/100, it will have to take measures to improve it during the Next 3 years. Beyond this deadline, if the overall score still does not reach 75/100, the company will incur a fine of up to 1% of its payroll. List of criteria for evaluating companies: gender pay gapdifference in the rate of individual increasesnumber of employees increased following their maternity leaveparity among the 10 highest salariespromotion rate difference (only for companies with more than 250 employees).How to calculate and declare are the gender equality index?"Index Egapro" is an online tool allowing the companies concerned to calculate and report their gender equality index. This tool is based on the 5 criteria mentioned above and includes all the necessary calculation rules. After having recorded the data concerning your company, a result per indicator as well as the index as a whole will be communicated to you. All the indicators are calculated according to a scale ranging from 0 to 100 points. As a reminder, companies must obtain a minimum score of 75 points out of 100. Otherwise, they will be required to implement corrective measures within the following 3 years. This same tool, Index Egapro, also allows you to report to the labor inspectorate the result obtained when calculating the gender equality index. The overall index score must be published on the company's website. In the event that the company does not have a site, the result of the index must be announced to employees by other means (email, letter, posting in the premises, etc.).
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FAQ

With the aim of offering the most effective and comprehensive assistance possible to companies, self-employed professionals and entrepreneurs acting or intending to act in France, we refer to all legal fields relating to the law applicable to the management of a civil or commercial economic activity.  The covered standards are nearly fifty codes of law containing more than 100,000 articles: social action and families, craft industry, insurance, civil aviation, cinemas and animated images, civil, commerce, consumption, construction and housing, defense, disciplinary and penal of the merchant marine, public fluvial domain and inland navigation, customs, education, electoral, energy, entry / stay foreigners and asylum, environment, forestry (new), general tax and its 4 annexes, monetary instruments and medals, book of fiscal procedures, mining, mining (new), monetary and financial, heritage, criminal, seaports , postal and electronic communications, intellectual property, research, road, rural (old), rural and sea fishing, public health, internal security, security social, sport, tourism, work, transport, town planning, roads.  Other sources of French law have jurisdiction over codes of law such as judgments of the court of cassation, ministerial, prefectural and municipal decrees, simple laws (not codified), decrees and circulars as well as regulations issued by the authorities. administrative. European regulations are sources of law applicable in France.  European directives must be transposed into French law and often have a deadline. The judgments of the Court of Justice of the European Union supplement the sources of European Union law. International treaties ratified by France, such as those of the International Labor Organization, contain obligations that are imposed on establishments in France. Taxation, management, legal
We obtain legislative and regulatory texts on all types of media, in particular via official institutional web sites providing access to the law. For example, Legifrance, the official body of the French Republic for compiling the law in force, is one of our reference websites for sourcing regulations and monitoring the regulatory situation. As for French case law, another essential source, we refer exclusively to the website of the Cour de cassation. In general, we systematically refer to the fundamental source, which may be supplemented by other specialised sources (publications, websites, etc.), whether public or private. For example, in tax matters, the BOFiP (Bulletin officiel des finances publiques) is also a particularly important source.
As European legislation also applies to French companies and institutions, eurlex and CURIA's regulatory texts are part of our sources.
Yes. Crawlers are by nature software that identifies regulatory updates. The subscription to the information services used by lawyers will give us a benchmark to evaluate the performance of crawlers.
1) more complete : one stop shopping experience with all the standards in a single interface. 2) easier to understand : by saving you the reading of regulatory texts and by defining each technical term, we isolate you from the inherent complexity of the legal sector. 3) 100% personalized : thanks to an intelligent questioning of your activities, we only give you back the obligations that apply to you. 4) more flexible : the self-service functionality of our platform allows you to enter your profile as you wish, according to your availability.
We do not transfer any data to the administration, each registered user has his own session, the objective is to facilitate the management and legal direction of companies. It is a tool that can be filled by the user's discretion, including for simulations in order to know the applicable regulations. This original application is technologically and legally driven by an association between Infogreffe and Legaware, a legal software publisher.
The MesObligationsLegales application gives the applicable law according to the economic sector, the form of the company and some figures provided by the user (number of employees, turnover, VAT regime, etc.). Thus, a third party who performs a LegalScan on your company would only know the obligations insofar as he knows the exact data on your activity. On the other hand, they would not be able to find any data about the company that is not from open and public sources.

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