In a decree passed on July 11, 2007, the State Council – the highest French administrative jurisdiction – validates a decree of application passed on November 21, 2006 as part of the August 2, 2006 law aiming at fighting against fictitious postings towards France. This decree, which concerns the French exploitation bases of airline companies, rendering people employed there to French labour law, was contested by the low cost airline companies Ryanair and Easy Jet. (Ref. 070641)
The disputed decree tries to stop certain airline companies’ desire to avoid the enforcement of French labour law by posting in France flying collaborators who, in reality, are usually attached to an exploitation basis located in France.
Enforcement of the labour code. The August 2, 2005 law includes a general disposition aimed at fighting fictitious postings: “an employer cannot protect himself/herself from dispositions enforceable to the posting of employees when his/her activity is entirely o
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