Actualités

🔍 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

In a decision dated 19 March 2025 (French Supreme Court, 19 March 2025, No. 22-17.315), the French supreme court provided clarification regarding the statute of limitations applicable to claims for payment of an allowance to the employee working remotely. Even if this was not the main issue, the French Supreme Court also hint at a

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