Capstan News

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

An employee's humour or popularity cannot excuse sexist or racist comments
An employee's humour or popularity cannot excuse sexist or racist comments

The Court of Cassation usually considers that racist remarks made by an employee are wrongful and justify the dismissal of the person concerned, often for serious misconduct, for example:refusal to ca...

A resignation following overwork can be reclassified as a constructive dismissal claim
A resignation following overwork can be reclassified as a constructive dismissal claim

An employee's resignation must be clear and unequivocal.When the employee's clear and unequivocal intention to resign is not established, a judge may reclassify the resignation as dismissal without re...

When accommodation is ancillary to the employment contract, it must be returned upon termination of the contract
When accommodation is ancillary to the employment contract, it must be returned upon termination of the contract

An employer may provide accommodation to an employee in two ways:through a residential lease separate from the employment contract; oras part of the employment contract, as a benefit linked to it. The...

Stating the place of work in a contract does not prevent mobility within the same geographical area
Stating the place of work in a contract does not prevent mobility within the same geographical area

The inclusion of a place of work in an employment contract is for information purposes only, unless a clear and precise clause indicates that the employee will perform their work exclusively at that l...

If a fixed-term replacement employee is not informed that the employee they are replacing has been dismissed, their contract may be reclassified as a permanent contract
If a fixed-term replacement employee is not informed that the employee they are replacing has been dismissed, their contract may be reclassified as a permanent contract

In principle, an employee working on a fixed-term contract must have an end date for their employment specified in their contract.However, in an exhaustive list of cases, the employment contract of an...

An employee may work more than six consecutive days before their weekly rest period
An employee may work more than six consecutive days before their weekly rest period

Employers are prohibited from making the same employee work more than six days per week.But what does "week" mean in this context? The calendar week, from Monday at midnight to Sunday at midnight incl...

Employee on sick leave: offering one's services to an employer's client justifies dismissal
Employee on sick leave: offering one's services to an employer's client justifies dismissal

During periods of suspension of their employment contract, employees remain bound by a duty of loyalty to their employer. However, carrying out an activity while on sick leave does not in itself const...

Sexist behaviour justifies dismissal for serious misconduct
Sexist behaviour justifies dismissal for serious misconduct

According to the French Labour Code, "No one shall be subjected to sexist behaviour, defined as any behaviour related to a person's sex, which has the purpose or effect of violating their dignity or c...

A letter of reprimand with a "threat of dismissal" is a disciplinary sanction
A letter of reprimand with a "threat of dismissal" is a disciplinary sanction

Any measure, other than verbal observations, taken by the employer following an action by the employee that the employer considers to be wrongful constitutes a sanction. These measures may or may not ...

Social Security budget for 2026
Social Security budget for 2026

After much uncertainty due to political instability, the National Assembly finally adopted the 2026 Social Security budget.Among the measures planned are:a suspension of the 2023 pension reform, which...

An identical offence committed by two employees does not require an identical penalty
An identical offence committed by two employees does not require an identical penalty

Employers may impose different penalties on employees who have committed the same offence, in the interests of the company.In other words, imposing different penalties on employees does not, per se, c...

Teleworkers are entitled to meal vouchers
Teleworkers are entitled to meal vouchers

According to the French Labour Code, "Teleworkers have the same rights as employees who perform their work on the company's premises."Two rulings dated 8 October 2025 held that employers cannot refuse...

Employment of senior employees: a new law is published
Employment of senior employees: a new law is published

Law No. 2025-989 of 24 October 2025 amends several provisions of the Labour Code to facilitate the recruitment of experienced job seekers and support their continued employment.Creation of an obligati...

Capstan unveils the future of work!
Capstan unveils the future of work!

Capstan Avocats is launching a new annual publication: Capstan Perspectives. A thought leadership tool, it aims to share our analyses, fuel reflection and provide key insights for executives facing ma...