4 ms·
Not necessarily. I recently reviewed a french work contract that included weird clauses. But after looking at the case law, it turns out they are illegal and th
by frenchman99 3y ago
Not necessarily. I recently reviewed a french work contract that included weird clauses. But after looking at the case law, it turns out they are illegal and thus void anyway if taken to court. In that case, there is no need to spend energy trying to get them removed: this may backfire and push the other party to write a new legal version that actually screws you. Sometimes it's best to accept a weird clause that you know will not hold up in court.
- kjs3 3y agoWrong. Putting you in the situation where you have to go to court to defend yourself from an illegal clause is screwing you. And the assumption that just because one court say "that's wrong" automatically means the one your litigating in will too is comically bad. The legal system isn't a computer that has deterministic outputs.
- bombcar 3y agoAnd the costs when you win can be the tens of thousands of dollars, even if you get awarded fees (which isn't guaranteed). And when going up against an adversary with hordes of lawyers on salary, you don't want to end up in court.
- tadfisher 3y agoThis is France, it's "loser pays" territory, so you don't have the perverse incentive to enforce illegal terms through the threat of litigation.
- frenchman99 3y agoI don't know which country you're in, but in France we have quite strict rules as to how some clauses must be structured in a work contract to be valid. For instance an non compete clause which is not limited to a certain geographic area is invalid, period. Yet some companies apparently don't know this. They copy paste boilerplate which doesn't hold up in court. And no court can rule against this as the supreme court has already decided what makes a non compete clause valid and it is very precise in the requirements.