U2 ANGLOPHONE S2

Matière: EMPLOYMENT LAW

Date of exam:
Duration: 2 hours

Shared end-of semester exam (same subject for multiple courses and/or campuses):

☐YES, Tick the relevant campus:

☒Caen, ☐Paris, ☐Le Havre, ☐Oxford, ☐Dublin

☒NO

Name(s) of teaching staff:

Name of course manager (if applicable):

This subject consists of 4 pages

Exam criteria
Authorised material:
Open book subject - all material YES☒ NO☐
Basic calculator YES☐ NO☒
Programmable calculator YES☐ NO☒
Dictionary YES☒ NO☐

Course material: YES☒ NO☐

Other specific documents permitted (e.g. chart of accounts, etc.): YES☐ NO☒
If yes, please specify: __________________

Computer required to complete the exam: YES☐ NO☒

Anonymity: YES☒ NO☐ Turnitin: YES☒ NO☐
Specific action required to complete end-of-semester exam: YES☐ NO☒
If yes, please specify: __________________

Grading system
Maximum number of points awarded for this test: 20 points
Grade breakdown:
Section A (Questions): 8 points Section B (Case studies): 12 points
Instructions

This exam paper has two Sections:

Section A – 4 questions on 2 points each

(Total of 8 points).
You MUST answer all questions.

As a guide – you may write an answer between 120-300 words for EACH question.

Section B – 2 case studies on 6 points each

(Total of 12 points).
You MUST choose and answer 2 out of 3.

As a guide – you may write an answer between 300-500 words for EACH case study.

Section A – Questions

Question #1

Explain the concept of legal subordination. (2 points)

_____

Question #2

Identify the main obligations of an employer in a contract of employment.

(2 points)
_____

Question #3

Identify and explain 3 possibilities of termination without a dismissal. (2 points)

_____

Question #4

Explain the concept of error as a cause of nullity under French contract law.
(2 points)
Section B – Case Studies (You MUST choose and answer 2 out of 3).

Case study #1 (6 points)

Paul is a truck driver who applied for a job offer that he found in the local newspaper
of his hometown (Orléans, France). After passing two interviews, he got hired by the
company Expresscarriage. Yet, at the end of the second interview Expresscarriage’s
owner, Mr Sayara, asked him for becoming a self-employed and to sign a service
agreement with Expresscarriage. In this contract, it is expressly written that Paul must
exclusively work for Expresscarriage, that he will carry out all deliveries as required by
Expresscarriage and that he will report his journeys, his stops along with his bills for
the reimbursement of his fuel consumption and his other out-of-pocket expenses. If it
appears that Paul is regularly late, Expresscarriage would also have the right to
terminate the agreement with immediate effect.

Even if Paul was finding the terms of the contract unbalanced, he accepted to sign it.
Yet, after six months of work, Expresscarriage terminated the contract under the
pretext that Paul was more than 15 minutes late for more than 15% of his deliveries.
Now Paul wonders if he should have signed this contract and if he should sue
Expresscarriage.

If Paul were to submit his claim to the court, how would the judge probably
qualify his agreement with Expresscarriage? Justify your answer.

_____

Case study #2 (6 points)

Ruptcy is a steel producing company located in Nancy (France). Mr Fouine, one of its
employees, has been caught copying patent documents for which access is restricted
to only a few managers. To get access, a specific badge is required. It appeared that
Mr Fouine had stolen the one belonging to the Chief Technology Officer. After this
incident, Ruptcy sent Mr Fouine a convocation letter for an interview that could lead to
his dismissal because he had been found copying confidential information and
because he had wrongfully taken an access badge that did not belong to him. During
the interview with Ms Tela, the HR manager of the company, Mr Fouine has not been
able to give convincing justifications to his acts.
Based on these elements, Ruptcy decided to dismiss Mr Fouine for heavy fault (faute
lourde). In the motivations, Ms Tela wrote that he was dismissed for “spying on
company’ secret in order to share confidential information with competitors”. Thus, he
was guilty of breaching his confidentiality and loyalty obligations, committing heavy
faults. In addition, he was also guilty of stealing and using a badge that he was not
allowed to have, which also constituted a heavy fault. Before sending Mr Fouine the
letter, they ask you to review it.
Do you consider “heavy fault” (faute lourde) as appropriate in this situation?
Justify your answer.
Case study #3 (6 points)

Marc, who owns a company, hired an Executive on March 2, 2022.

His employment contract mentions a 2-month trial period and its possible renewal.
Marc quickly realized that this new employee was incompetent and that his
professional qualities were not what he had hoped for.
Particularly disappointed by this employee, Marc asks you, on April 25, 2022, if he can
terminate his employment contract for the reasons given.
After having recalled the legal rules applicable to the case, you will indicate
whether the termination of the trial period is possible and if there is a risk that it
could be considered as dismissal without a valid cause?

END OF EXAM PAPER