Capstan News
The key updates in employment law.
Practical insights from Capstan lawyers.
Guillaume Bordier – Virginie PecorellaRemote working from France: a possible route under Visitor statusUnder French immigration law, holders of a Visitor visa or residence permit are prohibited from c...
Draft law no. 944 transposing Directive (EU) 2023/970 – tabled in the Senate on 10 September 2026The draft law (projet de loi) transposing the EU pay transparency directive was presented at the Counci...
During sick leave, the employment contract is suspended and the employee is released from working : the employer may neither require nor even request work during that period. Since 2024, the Court of ...
Moral harassment (harcèlement moral) may result from management methods, not only from conduct aimed at one individual. Since 2009, the Court of Cassation has accepted that a manager’s methods – const...
A dismissal must be notified by a motivated registered letter. When the employer makes its decision to terminate an employment contract known either to the employee, or to others, before that letter i...
Law no. 2026-470 of 11 June 2026 ; Order of 19 June 2026 approving Amendment no. 2 of 10 April 2026 to the unemployment insurance agreement ; Unédic fact sheet, July 2026As reported in our June issue,...
An employee’s financial liability towards their employer only arises in the event of wilful misconduct (faute lourde), meaning misconduct committed with the intention of harming the employer or the bu...
Decree no. 2026-503 of 12 June 2026 A decree of 12 June 2026 has adjusted the rules on occupational health visits during and after sick leave, in two respects. First, the pre-return medical visit (vis...
As a rule, a person seeking compensation must prove the harm they have suffered. The Court of Cassation has now confirmed that the same logic governs breaches of the GDPR. In this case, an employer ra...
Ministry of Labour – statement of 24 June 2026 As France is experiencing a spell of extreme heat, the Ministry of Labour has set out employers’obligations and the support schemes available, and has st...
Decree no. 2026-498 of 12 June 2026 A decree of 12 June 2026 implementing the 2026 Social Security Financing Act (loi de financement de la sécurité sociale, Law no. 2025-1403 of 30 December 2025) sets...
A clause imposing a financial charge that deters an employee from resigning is unlawful : it amounts either to a prohibited financial penalty or to a restriction on the freedom to resign, which is val...
An employee who reports moral harassment cannot be dismissed on that ground ; a dismissal that refers to the report is void, and where the dismissal letter cites the report, that ground alone renders ...
An annual hours agreement (forfait annuel en heures) allows a predetermined number of foreseeable overtime hours to be built into an employee’s working time over the year. It is open only to managers ...