Capstan News
The key updates in employment law.
Practical insights from Capstan lawyers.
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...
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...
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...
The Court of Cassation has confirmed that the use of geolocation technology to monitor employees’ working time is subject to strict conditions. Three cumulative criteria must be met.First, the employe...
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...
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...
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...
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 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...