Log Book

EMPLOYMENT TRIBUNAL

The Employment Tribunal, which has jurisdiction to award compensation for losses arising from the termination of an employment contract, does not have jurisdiction over damages resulting from an occupational disease or a workplace accident, even where the employer is liable.

SICK LEAVE

Work carried out by an employee on their own initiative during sick leave does not entitle them to claim compensation on that basis.

WORKING TIME

The Cour de cassation dismisses a priority question of constitutionality concerning the special regime applicable to civil aviation flight crew.

HEALTH AND SAFETY AT WORK

The Law "on combating social security and tax fraud" strengthens obligations and penalties relating to the prevention of occupational risks.

TERMINATION OF THE EMPLOYMENT CONTRACT

Informing an employee during a WhatsApp exchange that dismissal is being contemplated does not amount to verbal dismissal.

SHORT-TIME WORK – HEATWAVES

In response to intensifying heatwaves, the Ministry of Labour is considering strengthening employers' obligations.

SEXUAL HARASSMENT

An employee who is exposed to a sexist working environment, without being personally targeted by sexually harassing conduct, may nevertheless be recognised as a victim of "ambient" sexual harassment under French case law.

PREGNANCY

An employee is under no obligation to disclose her pregnancy, even where such disclosure would be necessary to protect her health.

MUTUALLY AGREED TERMINATION

Offering a mutually agreed termination during sick leave does not, in itself, constitute discrimination on grounds of health.

PAID ANNUAL LEAVE

The rules governing the scheduling of annual leave also apply to carried-over annual leave.

CSE EXPERT ASSESSMENT

The serious risk justifying the appointment of an expert must be assessed as at the date of the committee’s resolution.

MUTUALLY AGREED TERMINATION

The duration of unemployment benefits following an approved mutually agreed termination will be reduced from 1 September 2026.

ASSOCIATIONS (NON-PROFIT ENTITIES)

As an association is a private legal entity, any individual employed by it is employed under a private law employment contract.

DISMISSAL COMPENSATION

Compensation for dismissal without real and serious cause cannot be combined with compensation for irregular dismissal.

TEMPORARY WORK

Obligation for the user company to include the occupational risks of temporary workers into the DUERP (single occupational risk assessment document).

MINIMUM WAGE INCREASE

The French minimum wage (SMIC) will be automatically increased on 1 June.

INTERNATIONAL DRIVING LICENCE

An employee holding a European driving licence is not required to exchange it for a French driving licence to work as a driver in France.

PROTECTED EMPLOYEES

Where a protected employee is dismissed without authorization and is not reinstated due to misconduct, the indemnity in lieu of reinstatement shall only be payable up to the date of the events that prevented reinstatement.

FUEL ALLOWANCES

The government increases fuel allowances.

ANNUAL FIXED-DAY WORKING ARRANGEMENT

The company agreement allowing the use of the fixed-day working arrangement ("forfait annuel en jours") must enable effective monitoring of working time.

LIMITATION PERIOD

The limitation period for claims relating to supplementary pension schemes is two years.

TRADE UNION REPRESENTATION

The trade union which submitted a list of candidates in the elections, and the higher-level organisation to which it is affiliated, necessarily have standing to bring proceedings challenging the election of a representative, unless otherwise provided for in their constitution.

RIGHT TO DISCONNECT

In the absence of an express obligation to respond to an employer’s request, there can be no infringement of the right to disconnect.

TERMINATION OF A PROBATIONARY PERIOD DURING PREGNANCY

The burden of proof rests with the employer where a probationary period is terminated in respect of a pregnant employee.

SETTLEMENT AGREEMENTS AND LIMITATION PERIODS

The limitation period for challenging a dismissal is suspended for as long as the settlement agreement prevents the claim from being brought.

LAW OF EVIDENCE

The production in court of documents covered by medical confidentiality is permissible where it is necessary for the purposes of the rights of the defense and proportionate to the aim pursued.

CONCEPT OF A GROUP

The court must verify that the employer belongs to a group meeting the criteria set out in the Commercial Code for the purposes of the redeployment obligation.

APPRENTICESHIP CONTRACTS

An apprentice may immediately terminate their apprenticeship contract in the event of serious breaches by the employer.

TRADE UNION REPRESENTATIVE

The number of employees used to determine the rules for the designation of a trade union representative is assessed at the level of the undertaking rather than at the level of the establishment.

RECLASSIFICATION OF A TEMPORARY WORK CONTRACT

Reclassification as a permanent contract (CDI) provided for in Article L. 1251-40 of the Labour Code is not open to an employee made available to a user undertaking by an employers’ group.

DISCRIMINATION AND PERSONAL DATA PROTECTION

Evidence of sex-based discrimination must be balanced against the principle of personal data minimisation.

OPINION OF UNFITNESS

Unfitness for work may be established following a medical examination initiated by the occupational physician at the employee’s request.

REDUNDANCY AND SECONDED WORKERS

Seconded workers are included in the headcount of the user undertaking for the purposes of implementing a redundancy procedure.

SUSPENSION OF CONTRACT AND SEVERANCE PAY

The period of suspension of the employment contract resulting from a period of absence from work due to a commuting accident is not taken into account when calculating the employee’s length of service.

PROFESSIONAL SICK LEAVE

An employee on sick leave due to a work-related cause may be dismissed for gross misconduct committed prior to the suspension of the employment contract.

SUNDAY WORK

A change in working hours resulting in the removal of Sunday rest constitutes an amendment to the employment contract.

SUNDAY REST AND WINTER OLYMPIC GAMES

Adoption of a bill allowing exemptions from Sunday rest during the 2030 Olympic Games.

LEGAL AID CONTRIBUTION

Adoption of a €50 legal aid contribution.

REDEPLOYMENT

ADDITIONAL BIRTH LEAVE

Creation of an additional birth leave under the Social Security Financing Act 2026.

INTERNATIONAL WORKFORCE LENDING

The obligation to guarantee remuneration in compliance with statutory provisions rests with the lending company.

JOB INTERVIEW AND PRIVACY

The “handbag test” during a job interview is unlawful.

FREEDOM OF EXPRESSION

The exercise of freedom of expression must be assessed in light of the content of the remarks, as well as their context, scope, and impact.

INTERNAL INVESTIGATION

In the event of a report of sexual harassment, the conduct of an internal investigation does not, in itself, constitute a legal obligation for the employer.

INTERNSHIP AGREEMENT

The legal duration of an internship is to be assessed globally over the academic year, and not solely based on the duration of the agreement.

NON-COMPETE CLAUSE

A non-compete clause may be declared null and void only if its application hinders the employee's search for employment consistent with their training and professional experience.

DISMISSAL PROCEDURE

Hand delivery of a summons letter for a preliminary meeting, even in the absence of the employee’s signature or written acknowledgment of receipt, does not affect the validity of the procedure.

VARIABLE COMPENSATION

Modifying the basis for calculating an employee's variable compensation requires their consent.

INTERNAL INVESTIGATION

Respect for the rights of the defense does not require that the employee have access to the file or be confronted with the employees accusing him.

EMPLOYEE’S PRIVATE LIFE

An employee is under no obligation to disclose their marital status to their employer, provided it does not constitute a risk of conflict of interest.

MORAL HARASSMENT

Moral harassment may be established even where the employee does not demonstrate that they were personally a victim of it.

MEDICAL CONFIDENTIALITY

The use of an employee's medical data by the employer constitutes an infringement of the employee's right to privacy.

RIGHT OF ALERT AND TRADE UNION ACTION

A trade union organization may join the action brought by the Works Council (CSE) as part of its right of alert on the basis of the collective interest of the profession.

RESIGNATION

A resignation tendered due to an excessive workload is equivocal and may be converted into a constructive dismissal attributable to the employer.

SOCIAL SECURITY FINANCING LAW

The Social Security Financing Law, comprising 114 articles, was definitively adopted by the Members of Parliament (Assemblée Nationale) on Tuesday, 16 December 2025.

DISMISSAL FOR ECONOMIC REASONS

A dismissal for economic reasons pronounced before receiving the responses from companies contacted in relation with a potential redeployment process has no real and serious cause.

EMPLOYMENT PROTECTION PLAN (PSE)

The eligibility criteria for the measures provided for under an employment protection plan must be defined in advance and must be objectively verifiable.

CLASS ACTION

A class action is admissible for discrimination that began before the entry into force of the law that established such actions.

DISMISSAL FOR SERIOUS MISCONDUCT

Sexually-oriented remarks made by a sales director, even under the guise of humor, justify dismissal for serious misconduct.

TELEWORK

The implementation of telework prescribed for medical reasons cannot be refused solely because the employee objects to a visit from their employer to their home.

EXPATRIATION

In the case of an expatriate employee, the classification of undeclared work applies only to obligations provided for under French law.