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 possible evolution in case law regarding the employee’s entitlement to an allowance in case of remote work.
Confirmation of the two-year limitation period
The ruling specifies that claims for payment of the remote work allowance (“indemnité d’occupation du domicile”) are linked to the performance of the employment contract and are therefore subject to a two-year limitation period, pursuant to article L. 1471-1 of the French Labour Code. Accordingly, the French Super Court court overturned the Court of appeal’s decision that had applied the standard five-year limitation period, confirming the strict application of a two-year period to claims assimilated to salaries.
A potential expansion of the right to a remote work allowance?
Although the court was only asked to rule on the limitation period, it reminded that the principle following which the occupation of an employee’s home for professional purposes constitutes an intrusion into their private life. The court further stated that the employee “may claim an allowance on this ground whenever no professional premises are effectively made available to them or where it has been agreed that the work will be performed remotely.”
Until now, only employees forced to work from home due to the unavailability of professional premises were entitled to such an allowance (French Supreme Court, 4 December 2013, No. 12-19.667; French Supreme Court, 21 September 2016, No. 15-11.144; French Supreme Court, 27 March 2019, No. 17-21.014).
The decision of 19 March 2025 could signal a shift by recognizing a right to compensation even when remote work is voluntary, provided that no professional premises are effectively available or that remote work has been agreed upon by contract or according to a collective agreement.
A case law development still to be confirmed
However, this interpretation will need to be confirmed by future rulings. The decision does not establish an automatic right to compensation for all remote workers, but it opens a breach that could influence future litigation.
We will keep you informed of any further developments.
French Supreme Court, 19 March 2025, No. 22-17.315
https://www.legifrance.gouv.fr/juri/id/JURITEXT000051367876?isSuggest=true