Capstan News

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

Payslips: the employeeโ€™s actual job title must be stated
Payslips: the employeeโ€™s actual job title must be stated

Every payslip must state the employee's name, job title, and position within the applicable collective agreement classification. The Court of Cassation has confirmed that the job title and the classif...

GPS tracking of employees: conditions for lawful use
GPS tracking of employees: conditions for lawful use

The Court of Cassation has confirmed that the use of geolocation technology to monitor employeesโ€™ working time is subject to strict conditions. Three cumulative criteria must be met.First, the employe...

Bonuses paid for 9 years may become contractually binding
Bonuses paid for 9 years may become contractually binding

The Court of Cassation has confirmed an important principle: where a pay element is paid on a regular and consistent basis over a long period, it may acquire contractual status, regardless of any writ...

Right to disconnect during sick leave: no breach when the employee acts on their own initiative
Right to disconnect during sick leave: no breach when the employee acts on their own initiative

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...

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...

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...

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...