Capstan News

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

French preliminary draft law on Pay Transparency: What HR need to know?
French preliminary draft law on Pay Transparency: What HR need to know?

After early announcements of rapid implementation, followed by several months without any action being taken in response to the EU Pay Transparency Directive (Directive (EU) 2023/970), the Ministry of...

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...

The Court of Cassation has issued guidelines for judges on balancing employees' freedom of expression and employers' interests
The Court of Cassation has issued guidelines for judges on balancing employees' freedom of expression and employers' interests

Several rulings dated 14 January 2026 clarify the possible restriction of employees' freedom of expression. These were long anticipated, as recent rulings by the Court of Cassation created the impress...

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...

An employer is not required to conduct an internal investigation if a sexual harassment report is filed
An employer is not required to conduct an internal investigation if a sexual harassment report is filed

In this case, an employee was dismissed for serious misconduct after committing sexual harassment against two female colleagues.However, according to the Court of Appeal, the dismissal was not justifi...

Disloyalty is not protected by freedom of expression
Disloyalty is not protected by freedom of expression

An employee claimed that her dismissal was invalid because it was partly due to her exercising her right to freedom of expression. She had emailed the president of her organisation to inform him of re...

Employer's neutrality obligation during the election campaign for the social and economic committee
Employer's neutrality obligation during the election campaign for the social and economic committee

During the election campaign preceding social and economic committee elections, employers are required to remain neutral. This obligation is an essential principle of electoral law. Irregularities tha...

The time spent by the employee between the changing rooms and the time clock may constitute actual working time
The time spent by the employee between the changing rooms and the time clock may constitute actual working time

Working time is defined as the time during which an employee is at their employer's disposal and complies with their instructions without being able to attend to personal matters.It has been previousl...

Dismissal of an employee based on family situation is discriminatory and void
Dismissal of an employee based on family situation is discriminatory and void

Article L. 1132-1 of the Labour Code lists prohibited grounds for discrimination, including family status.In this case, an employee was dismissed for gross misconduct by her employer, who accused her ...

The amount or structure of an employee's contractual remuneration may not be changed without the employee's consent
The amount or structure of an employee's contractual remuneration may not be changed without the employee's consent

An employer cannot unilaterally modify the amount, or structure of an employee's remuneration without their consent, even if the change is favourable to the employee. For example, an employer cannot a...

A non-competition clause that is limited in time and space is valid
A non-competition clause that is limited in time and space is valid

The Court of Cassation has ruled that such clauses must meet several cumulative criteria.The clause must:be essential to the protection of the company's legitimate interests (however, this condition d...