Capstan News
The key updates in employment law.
Practical insights from Capstan lawyers.
A resignation must reflect a clear and unequivocal intention to end the contract. Where an employee later challenges their resignation and asks for it to be reclassified as a dismissal without grounds...
Harassment cases call for a two-stage analysis : the employee puts forward facts suggesting harassment, after which it is for the employer to prove that the conduct does not amount to harassment and t...
Sexual harassment is defined by its effects, not by the identity of its target : the Labour Code prohibits repeated sexual or sexist comments or conduct that undermine a person’s dignity or create an ...
The right to one’s image, an aspect of the right to respect for private life protected by Article 9 of the Civil Code, covers the capture, storage, reproduction and use of a person’s image. The Court ...
Anyone has the right to choose where they live, as an aspect of the right to respect for the home protected by Article 8 of the European Convention on Human Rights. An employer may interfere with that...
Subject to any excessive infringement of the employee’s right to respect for their personal and family life or their right to rest, deciding on a new distribution of working time across the day falls ...
Under French law, any dismissal based, even in part, on an employee’s pregnancy is void. A pregnant employee is, moreover, not required to disclose her pregnancy – save where she claims the protection...
To receive daily social security benefits while on sick leave, an employee must refrain from any activity that has not been expressly and previously authorised by the prescribing doctor. The case law ...
Under French law, wilful misconduct (faute lourde) is the most severe form of dismissal. Beyond gross misconduct (faute grave), it requires proof of the employee’s intent to harm the company. That int...
Under French law, the principle of medical confidentiality protects all information about a patient that comes to the knowledge of healthcare staff. The Court of Cassation has clarified the conditions...
Under the French Labour Code, employers are required to ensure that employees adapt to their jobs and to maintain their capacity to occupy a position, in particular in light of changes in jobs, techno...
Variable remuneration: where parties fail to agree, the court must determine the amount itselfWhere variable remuneration is provided for in an employment contract, but its annual amount is set by mut...
For a day-rate agreement (forfait en jours) to apply to an employee, the underlying collective working-time agreement must be individually accepted by the employee. The Court of Cassation has confirme...
Under French law, employers may enter into a day-rate agreement (forfait en jours) with employees who have genuine autonomy in organising their working time. To compensate for the absence of working-h...