Actualités

Applicable ruleIn principle, the termination of the trial period at the employer’s initiative does not have to be justified. However, it may not be based on a discriminatory ground, such as health . The termination of the probationary period on such a ground is void. But what are the compensatory consequences of such nullity? FactsAn […]

Exemption from redeployment for the unfit employee: the opinion of the occupational physician is sufficient to justify the absence of a search for a new job In a ruling dated 11 June 2025 (no. 24-15.297), the French Supreme Court reiterated that, when an occupational physician states that retaining an employee in a job would seriously

In a ruling of May 6, 2025 (no. 23-23.294), the French Supreme Court confirmed the principle that the mere finding of an infringement of the right to privacy is sufficient to give rise to a right to compensation, without the need to prove the existence of actual harm. Context: An employee who had been dismissed

When hiring employees, companies must plan for more than just salaries. Social charges are a key part of their budget and compliance obligations. Here is a quick overview of the most common charges for an employer in France: 1. Social security contributions Employers typically pay approx. 40% of each employee’s salary to fund state benefits such

The “forfait jours” is a French working time arrangement under which an employee’s working time is calculated in days over the year rather than in hours. It applies mainly to employees with a wide autonomy and allows for greater flexibility. This system requires both a collective bargaining agreement authorising its use and an individual agreement

There are currently no specific rules in French law addressing the situation where an employee falls ill during their annual paid leave. In practice, this means that employers may choose to postpone the employee’s paid leave, but they are not legally required to do so. However, on June 18, 2025, the European Commission raised concerns

In a judgment dated May 6, 2025 (No. 23-14.492), the French Supreme Court recalls that acts constituting harassment can justify a dismissal for gross misconduct, even if other employees also acted inappropriatly or if the employer did not take appropriate measures. A manager was dismissed for gross misconduct due to managerial practices deemed excessively authoritarian

In a ruling dated 9 April 2025, the French Supreme Court reaffirmed the binding nature of the “Macron scale” under the French Labour Code. This scale caps compensation in case of unfair dismissal (“licenciement sans cause réelle et sérieuse”) This ruling follows a decision by the Court of Appeal of Grenoble, which had ordered a

🔍 Can a protected employee be placed on leave during an internal investigation? Yes—under strict conditions. 📅 In a landmark ruling dated April 4, 2025 (CE no. 489866), the French Administrative Supreme Court confirmed that an employer may place a protected employee (e.g., union rep, staff delegate) on paid provisional leave during an investigation —

In a ruling on April 9, 2025 (FSC, April 9, 2025, n°24-12.055), the French Supreme Court assessed the seriousness of a misconduct arising from the transfer of a professional document to the employee’s personal email account. As a reminder, an employee is required to perform their employment contract in good faith, which includes a duty