Actualités

In a recent case, on September 25, 2024, the French Supreme Court confirmed that an employee cannot be dismissed for gross misconduct if the misconduct occurs during his private life. In this case, the employee committed alleged acts of sexual harassment via Instagram, using private messaging, outside his working hours and using his own computer. The employer […]

In a decision dated July 10, 2024, the French Supreme Court ruled that a reorganisation taking place while an employee is on sick leave should not be altogether considered as ‘unrelated to any discrimination’ in the event this reorgaization is not based on a valid economic rationale. In the case brought to the French Supreme

The facts A French employee was hired by a French company in 2019. In 2020, the employee spent her summer holidays in Canada, and as her return flight was cancelled, her employer temporarily authorised her to work from Canada. The employee requested to work from Canada on a permanent basis. She even threatened to resign.

According to Articles L1226-2-1 and L1226-12 of the French Labour Code, when an employee is declared unfit for their job, the employer must offer the employee another job suited to their abilities and comparable to the job previously held (unless the occupational health doctor expressly mentions that no redeployment is possible for the employee). If

Before implementing a redundancy process in France, the employer must determine and explain to the staff representatives, if any, and to the employees eventually made redundant the reasons for which it has no other choice but to reorganize and to make employees redundant. As a general reminder, to justify a restructuring, the Company must establish

In the case here reviewed, the employer company held one of its employees – in charge of internal validation – responsible for his persistant disagreement with his colleagues. The company thus terminated him for a personal non-disciplinary reason. The employee challenged the validity of his dismissal in court, arguing it was based on disciplinary reasons.

Long-awaited, the decree setting out the terms and conditions of the medical counter-inspection organised by the employer has finally come into force. Article L. 1226-1 of the French Labour Code, which allows employers to organise a medical counter-inspection in the event of an employee’s absence due to incapacity as resulting from illness or accident, had

Adopted on 24 May 2024 by the Council of the European Union, the CS3D (Corporate Sustainability Due Diligence Directive) introduces a Europe-wide duty of diligence. From 2027, it will gradually impose obligations on large companies with significant dispositions in the European Union, largely inspired by French provisions. This Directive, which is more far-reaching than the

A core rule of French employment law is non bis in idem, meaning that an employee cannot be sanctioned twice for the same misconduct. In a recent decision, the French Supreme Court provided useful guidance on what can be considered a sanction under French law. Background The underlying decision relates to a claim filed by

In France, the burden of proof in disputes relating to working time does not fall on one party in particular. In fact, article L. 3171-4 of the French Labour Code stipulates on the one hand that “the employer must provide the judge with evidence of the hours actually worked by the employee” and on the