NewsletterNewsletter No. 206 – February 2026
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.
An employee on sick leave due to a work-related cause was dismissed for gross misconduct during the suspension of her employment contract. The employer reproached her, in particular, for breaching her exclusivity clause, having discovered that she had carried on a parallel professional activity prior to her sick leave, such facts having come to light while the contract was suspended. The French Supreme Court (Cour de Cassation) reiterated that, where an employee’s employment contract is suspended due to an occupational accident or disease, in principle only a breach of the duty of loyalty may justify termination for gross misconduct. The Court specified that this does not prevent the employer from “relying on any breach of obligations arising from the employment contract, committed prior to the suspension” to justify gross misconduct (Cass. Soc. 21 January 2026, No. 24-22.852).
SUNDAY WORK: A change in working hours resulting in the removal of Sunday rest constitutes an amendment to the employment contract.
An employee was dismissed for misconduct after refusing a proposed change to his working hours, which would have deprived him of part of his Sunday rest. Considering that his refusal did not amount to misconduct, the employee brought the case before the Labour Court. The Cour de Cassation held that “the new distribution of working hours had the effect of depriving the employee of Sunday rest, which constituted an amendment to his employment contract that could not be imposed without his express consent” (Cass. Soc. 4 February 2026, No. 24-17.033).
SUNDAY REST AND WINTER OLYMPIC GAMES: Adoption of a bill allowing exemptions from Sunday rest during the 2030 Olympic Games.
Parliament has adopted a bill relating to the organisation of the 2030 Winter Olympic and Paralympic Games. In line with the scheme implemented for the Paris 2024 Games, the bill provides that, between 1 January and 31 March 2030, the Prefect may authorise retail businesses and service providers, located in or near competition venues to benefit from exemptions from Sunday rest. Use of this scheme will remain strictly voluntary and subject to the written consent of employees. Refusal to work on Sundays may not give rise to any sanction or unfavourable measure. In return, employees will receive remuneration at no less than double their normal rate for equivalent working time, together with compensatory rest of equal duration (Bill relating to the organisation of the 2030 Olympic and Paralympic Games).
LEGAL AID CONTRIBUTION: Adoption of a €50 legal aid contribution.
Article 128 of the Finance Act 2026 introduces a €50 contribution towards legal aid for any civil or employment proceedings initiated before the Judicial Court or the Labour Court. The Constitutional Council having validated the scheme, this contribution will apply to proceedings initiated on a date to be set by decree and in any event no later than 1 March 2026 (Act No. 2026-103 of 19 February 2026 on Finance for 2026 and Decision No. 2026-901 DC of 19 February 2026).
REDEPLOYMENT
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The obligation to seek prior redeployment must be carried out within all companies controlled by the employer.
An employee working for two companies with the same managing director was dismissed for economic reasons by his main employer. He contested the dismissal, arguing that no redeployment had been sought within the second company, even though it did not belong to the same group as his main employer. The Cour de Cassation noted that the managing director of the company acting as the employee’s main employer “directly held 70% of the share capital of the [second] company, of which he was also president.” It therefore held that there was a control relationship between the two companies and concluded that the redeployment perimeter should have been extended to the second entity, as they formed part of the same group of companies (Cass. Soc. 11 February 2026, No. 24-18.886).
ADDITIONAL BIRTH LEAVE: Creation of an additional birth leave under the Social Security Financing Act 2026.
Entering into force on 1 July 2026, the additional birth leave enables parents to benefit from one to two additional months of paid leave following maternity, paternity, parental, or adoption leave entitlements. The scheme applies to children born or adopted from 1 January 2026, as well as to premature births initially expected on that date. This leave must be taken within a maximum period of nine months following the birth, subject to prior notice to the employer at least one month before its commencement. Certain practical arrangements remain subject to clarification pending publication of the implementing decree (Act No. 2025-1403 of 30 December 2025 on the Financing of Social Security for 2026).
INTERNATIONAL WORKFORCE LENDING: The obligation to guarantee remuneration in compliance with statutory provisions rests with the lending company.
An employee engaged by a French labour-lending company was seconded to a foreign user company. After being dismissed, the employee brought proceedings before the Labour Court seeking judicial termination and back pay for overtime. The Cour de Cassation reiterated that “the obligation to pay wages to an employee seconded to a user company (…) rests with the lending company, which remains the employer, and it is for the latter, in the event of a breach of that obligation, to seek recourse against the user company where a fault has been committed by the latter” (Cass. Soc. 18 February 2026, No. 24-14.172).
JOB INTERVIEW AND PRIVACY: The “handbag test” during a job interview is unlawful.
This practice consists, during a job interview, in asking a female candidate to empty her handbag in order to assess her “sense of organisation”. Questioned on this issue, Senator Catherine Dumas sought clarification from the Ministry of Labour on the lawfulness of such a method in light of the right to privacy. In its response published in the Official Journal of the Senate, the Ministry stated that this method is unlawful, as the contents of a handbag have no direct and necessary connection to the professional skills sought. Such a practice therefore constitutes an unjustified and disproportionate infringement of the right to privacy. It may also amount to sex-based discrimination. Assessment methods implemented during job interviews must remain strictly relevant to the position offered (Response of the Ministry of Labour published in the Official Journal of the Senate on 19 February 2026).