Summary
Prohibition of discrimination in hiring
The labor code states thatno one can be left out of a recruitment procedure due to:
- His origin ;
- their gender;
- his family situation;
- his manners;
- their sexual orientation;
- his physical appearance;
- his surname;
- his age ;
- her state of pregnancy;
- his family situation;
- their belonging to an ethnic group, nation or race;
- his political views;
- its trade union or mutualist activities;
- his religious beliefs.
Limitation of multiple employment
Before hiring an employee, the employer must ensure that the latter does not exerciseother incompatible professional activities with the position to be filled.
In principle, the accumulation of several jobs is possible but there are limits concerning the maximum working time (10 hours per day, 48 hours per week, 44 hours on average for 12 consecutive weeks).
Any employer who disregards this prohibition incurs criminal penalties. However, it does not apply to certain activities such as scientific, literary, artistic work, etc.
Civil servants and public officials are subject to specific rules. Barring exceptions, they are prohibited from taking up paid private employment or from carrying out private work for remuneration.
Unlawful poaching
The following acts are called unlawful enticement:
- hiring of an employee, after having intervened in the abusive termination of the employment contract binding him to his previous employer;
- hiring an employee, although knowing that he is already bound by an employment contract.
Apart from these cases, the new employer may also be ordered to pay damages for the benefit of the former employer if his poaching maneuvers are in the nature of unfair competition.
Hiring an employee bound by a non-competition clause
In the event of the hiring of an employee bound by a non-competition clause, the responsibility of the new employer may be engaged if it is proven that:
- the new employer was aware of the existence of the clause at the time of hiring;
- that the employer subsequently became aware of it but did not separate from the employee.
Content updated on 02/07/2012
Our tips:
The employer will therefore have to check several important points when hiring the employee, including the non-competition clause, an activity with another employer.