Capstan News
The key updates in employment law.
Practical insights from Capstan lawyers.
A day rate agreement (forfait en jours), under which an employee works a set number of days per year rather than counted hours, requires an underlying collective agreement. This scheme is subject to h...
A mutual termination (rupture conventionnelle) may validly be agreed while the contract is suspended for sickness, subject only to fraud or a defect in consent ; the employee remains free to accept or...
Draft law transposing Directive (EU) 2023/970 – version of 4 June 2026France is transposing Directive (EU) 2023/970, the EU’s pay transparency directive, which reinforces the principle of equal pay be...
Decree no. 2026-419 of 30 May 2026 and Decree no. 2026-425 of 30 May 2026The 2026 Social Security Financing Act created a new supplementary birth leave (congé supplémentaire de naissance). Two decrees...
Law No. 2026-492 of 12 June 2026A law strengthening the protection and support of parents of a dependent child suffering from cancer, other serious illness or a disability has been published. Its main...
Law No. 2026-470 of 11 June 2026Following the agreement reached by the social partners on 25 February 2026, the bill required to implement shorter unemployment benefits after an individual mutual term...
Order of 22 May 2026 on the raising of the statutory minimum wage (NOR TRST2612929A, Official Journal of 24 May 2026)The order raising the statutory minimum wage (Smic, salaire minimum de croissance) ...
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...