Actualités

A ruling of the French Supreme Court (Cour de cassation) dated 11 March 2025 confirms that the invalidity of a working time in days arrangement (forfait annuel en jours) does not, in itself, entitle the employee to compensation. In order to obtain compensation, the employee must prove that they suffered specific harm. • ContextAn employee […]

Facts of the case : As part of a corporate reorganization aimed at preserving its competitiveness, the company proposed to eight employees, employed as sales representatives, a modification of their employment contracts concerning both the geographical distribution of their territories and their remuneration. The employees refused the proposed contractual modifications. The employment protection plan (“PSE“

Some employers, emphasizing the need to protect legitimate business interests, tend to enforce extensive confidentiality rules towards the works council. However, these restrictions can hinder the works council’s ability to perform its attributions. Confidentiality can therefore be a strategic issue for the relationship between company and employee representatives.  According to Article L. 2315-3 of the French

In a ruling dated 8 January 2025 (French Supreme Court, 8 January 2025, No. 22-24.724), the French Supreme Court confirms that in the context of a redundancy, an employer who sends a collective list of available redeployment positions must explicitly communicate the selection criteria to be applied in the event of multiple applications. Failure to

In a recent decision, the Court of Appeal of Toulouse ruled that not all workplace conflicts, even those that are long-lasting, constitute psychological harassment. This decision emphasised that if an employer takes appropriate corrective measures, even if they do not completely resolve the situation, the claim of psychological harassment cannot be upheld. In this case,

The French Supreme Court continues to shape the contours of its recent case law regarding the right to evidence and the principle of fair and admissible proof. Flashback : at the end of 2023, the French Supreme Court has unexpectedly reversed its traditional position and accepted that, in civil litigation, a party can use evidence

Usually, when recruiting new employees, employers simply ask the employee to confirm that they are free to work for the employer and not bound by any commitments whatsoever that may prevent them from working for the employer. In a recent case, the Court of appeal of Caen nevertheless considered that the new employer may be

In a ruling dated December 11, 2024, the French Supreme Court confirmed that sexually suggestive remarks made by an employee towards a colleague constitute a breach of such severity that it makes the employee’s continued presence in the company impossible, thereby justifying dismissal for gross misconduct. In this case, an employee made particularly inappropriate remarks

In a case recently heard by the French Supreme Court, an employee had been dismissed for gross misconduct, after the disciplinary procedure defined by the applicable collective bargaining agreement (CBA) had first been completed. Under the CBA, employees involved in a disciplinary procedure should receive a copy of their file at least 8 days before