The right to disconnect is enshrined in the French Labour Code as one of the mandatory subjects of annual negotiations on quality of working life and working conditions. In the absence of a collective agreement, the law provides that the employer unilaterally defines the arrangements for exercising this right and informs employees accordingly.
The law does not impose on the employer a strict obligation in relation to outcomes with regard to the right to disconnect: rather, it requires the employer to set out the arrangements for its exercise, which constitutes a qualified best-efforts obligation.
In this case, an employee on sick leave noticed that emails were being sent to him during his absence and chose, of his own accord, to log on and respond to them, without being compelled or requested to do so by his employer. He subsequently claimed damages for breach of his right to disconnect.
The Court of Cassation dismissed his claim. The judges noted that the messages received were largely automated notifications, that no obligation to respond immediately had been imposed on the employee, and that he had acted entirely on his own initiative by logging into his work account. No breach attributable to the employer had therefore been established.
This ruling draws an important distinction: a breach of the right to disconnect requires pressure or a request from the employer. The mere passive receipt of emails, without any instruction to deal with them, is insufficient to establish a violation.
Cass. Soc., 25 March 2026, no. 24-21.098
