Actualités

A group of undertakings may constitute a “Community-scale group of undertakings” within the meaning of the French Labour Code, regardless of the location of its registered office. A company belonging to such a group is therefore required to offer reclassification leave to any employee facing dismissal on economic grounds. When a French undertaking belonging to […]

Since December 1, 2016, Article L. 1233-3 of the French Labor Code has set out objective criteria enabling companies to demonstrate whether economic difficulties are such as to justify redundancy. Economic difficulties can be characterized by a significant change in at least one economic indicator, such as a decline in orders or turnover, operating losses,

The applicable provisions of the French Labour Code depend on whether an employee’s incapacity is work-related, i.e. whether it is the result of a work-related accident or occupational illness. For example:– Employees whose work stoppage is work-related are protected against dismissal, except in cases of serious misconduct or when it is impossible to maintain their

In France, employees enjoy freedom of expression both inside and outside the workplace. This right is protected by the French Labor Code. The only limit concerns abuse of freedom of expression (such as insults or defamation). Dismissal based (even partially) on non-abusive freedom of expression is void (“licenciement nul”). An employer offered his employee a

In two rulings published on 10 September 2025, the French Supreme Court brought an end to the long-standing “paid leave and EU law” saga, aligning its case law with European law on two specific issues: the treatment of paid leave when illness arises during a period of annual leave, and the inclusion of paid leave

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