Capstan News

The key updates in employment law.
Practical insights from Capstan lawyers.

Employee protected against dismissal: transferring large numbers of confidential emails may justify dismissal
Employee protected against dismissal: transferring large numbers of confidential emails may justify dismissal

A social worker in a medical-social facility, who was a protected employee, had transferred hundreds of work emails to her personal email account and that of her husband.These emails contained confide...

Imposing Sunday work may be considered a modification of the employment contract
Imposing Sunday work may be considered a modification of the employment contract

After a period of sick leave, a team leader working for a cleaning company was given new working hours.Instead of working Fridays and Saturdays until 10 a.m., he was now required to work every Sunday ...

An employee lacking a means of transportation does not necessarily prevent an employer from invoking a mobility clause
An employee lacking a means of transportation does not necessarily prevent an employer from invoking a mobility clause

An employee worked as a service agent for a cleaning company at several sites in the same city.The mobility clause in her contract was then invoked by her employer, who asked her to work part of the t...

A bonus cannot be withheld as a penalty for misconduct
A bonus cannot be withheld as a penalty for misconduct

A professional rugby player was subjected to disciplinary sanctions, after which his fixed-term contract was terminated for serious misconduct.He took his case to the Labour Court to contest the non-p...

Disclosing an employee's address without their consent is an invasion of their privacy
Disclosing an employee's address without their consent is an invasion of their privacy

In this case, an employee sent a letter to the human resources department requesting the removal of a union leaflet about her that had been posted on a union notice board.However, the employer forward...

Mutually agreed termination: a draft agreement provides for less favourable unemployment benefits
Mutually agreed termination: a draft agreement provides for less favourable unemployment benefits

A draft agreement was concluded on 25 February 2026 by employer and employee unions, providing for new rules on unemployment benefits following the termination of employment contracts.The agreement pr...

What solutions are available to employers with employees stranded abroad?
What solutions are available to employers with employees stranded abroad?

Interview with Aurรฉlien Louvet, partnerIn this interview, Aurรฉlien Louvet, a partner at Capstan, discusses the challenges that geopolitical tensions in the Middle East and air traffic disruptions have...

French preliminary draft law on Pay Transparency: What HR need to know?
French preliminary draft law on Pay Transparency: What HR need to know?

After early announcements of rapid implementation, followed by several months without any action being taken in response to the EU Pay Transparency Directive (Directive (EU) 2023/970), the Ministry of...

If an internship does not comply with the legal requirements regarding its duration, it may be reclassified as an employment contract
If an internship does not comply with the legal requirements regarding its duration, it may be reclassified as an employment contract

The total duration of internships or periods of work experience carried out by the same intern at the same host organisation must not exceed six months per academic year. If an intern completes two in...

The Court of Cassation has issued guidelines for judges on balancing employees' freedom of expression and employers' interests
The Court of Cassation has issued guidelines for judges on balancing employees' freedom of expression and employers' interests

Several rulings dated 14 January 2026 clarify the possible restriction of employees' freedom of expression. These were long anticipated, as recent rulings by the Court of Cassation created the impress...

An employer cannot use information obtained from an employee's doctor to justify dismissal
An employer cannot use information obtained from an employee's doctor to justify dismissal

In this case, an employer had contacted the GP of one of his sales employees, who was off sick. The employer wanted to complete the necessary administrative formalities with the social security fund a...

If an employment contract is performed unfairly, the employee may be entitled to compensation
If an employment contract is performed unfairly, the employee may be entitled to compensation

According to the Labour Code, both the employer and the employee must perform the employment contract in good faith. This obligation applies to both the employer and the employee.Breach of this obliga...

Management methods used within a company may constitute psychological harassment
Management methods used within a company may constitute psychological harassment

Management methods within a company that have the effect of degrading an employee's working conditions and are likely to affect their physical or mental health constitute psychological harassment. Emp...

Including paid leave when calculating overtime is also the rule when working time is counted over a period longer than a week
Including paid leave when calculating overtime is also the rule when working time is counted over a period longer than a week

In a ruling dated 10 September 2025, the Court of Cassation ruled that periods of paid leave must be included when calculating weekly overtime (Cass. Soc., 10 September 2025, No. 23-14.455). In accord...