Capstan News

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

Electronic voting in works council elections: a new CNIL recommendation
Electronic voting in works council elections: a new CNIL recommendation

CNIL Resolution no. 2026-045 of 19 March 2026 on the security of electronic remote voting systemsBy a resolution of 19 March 2026, Franceโ€™s data protection authority (CNIL), working with the national ...

Economic simplification bill: key labour-related provisions
Economic simplification bill: key labour-related provisions

The joint committee text of the economic simplification bill, which aims to reduce the administrative burden on businesses, was adopted by the National Assembly on 14 April 2026 and by the Senate on 1...

New fuel allowance for low-income workers using their personal vehicle for work
New fuel allowance for low-income workers using their personal vehicle for work

Decree no. 2026-333 of 30 April 2026In response to rising fuel prices triggered by the conflict in the Middle East, the Government has introduced a one-off fuel allowance of โ‚ฌ50, paid directly to elig...

Wilful misconduct: intent to harm established by systematic disparagement of management
Wilful misconduct: intent to harm established by systematic disparagement of management

Under French law, wilful misconduct (faute lourde) is the most severe form of dismissal. Beyond gross misconduct (faute grave), it requires proof of the employeeโ€™s intent to harm the company. That int...

Producing documents covered by medical confidentiality in court: the necessity and proportionality test
Producing documents covered by medical confidentiality in court: the necessity and proportionality test

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...

Training obligation: employers are not required to provide initial training for a different qualification
Training obligation: employers are not required to provide initial training for a different qualification

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 itself
Variable remuneration: where parties fail to agree, the court must determine the amount itself

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...

Day-rate agreement: a generic โ€œindividual charterโ€ does not establish the employeeโ€™s consent
Day-rate agreement: a generic โ€œindividual charterโ€ does not establish the employeeโ€™s consent

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...

Day-rate agreement: missing the annual workload meeting does not, on its own, entitle an employee to compensation
Day-rate agreement: missing the annual workload meeting does not, on its own, entitle an employee to compensation

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...

Internal investigation following a harassment alert: employerโ€™s safety obligation met
Internal investigation following a harassment alert: employerโ€™s safety obligation met

Under the French Labour Code, employers have a safety obligation requiring them to take all necessary measures to ensure the safety and protect the physical and mental health of their employees. Where...

Middle East Conflict: measures taken by the French Authorities
Middle East Conflict: measures taken by the French Authorities

Conditions for accessing the short-time working schemePartial activity (activitรฉ partielle) is a government scheme that allows businesses experiencing a temporary downturn to reduce their employeesโ€™ w...

Regulating generative AI in the workplace: the Minister of Labour sets out his position
Regulating generative AI in the workplace: the Minister of Labour sets out his position

In aย written responseย to a Senate question, the Minister of Labour set out the government's view on the growing use of generative AI in the workplace, following concerns raised by a senator about job ...

Job Interviews: Ministry of Labour declares the โ€œhandbag testโ€ unlawful
Job Interviews: Ministry of Labour declares the โ€œhandbag testโ€ unlawful

Recently brought to public attention following a number of testimonies, the "handbag test" involves asking a female candidate, during a job interview, to empty her bag in order to assess her organisat...

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...