Capstan News

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...

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...

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...

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...

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 ...

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...

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...

Before making any decision to dismiss an employee, an employer must invite them to a preliminary meeting. The purpose of summoning the employee to a meeting is to inform them of the reasons for the me...

A carpenter set up a business offering carpentry, woodwork and PVC services, similar to those offered by his employer. He was dismissed for serious misconduct.However, the Court of Appeal ruled that t...

Insulting or threatening remarks, particularly towards a line manager, often justify dismissal for serious misconduct.This was the ruling in the case of:a secretary who publicly described her branch m...

The Court of Cassation usually considers that racist remarks made by an employee are wrongful and justify the dismissal of the person concerned, often for serious misconduct, for example:refusal to ca...

An employee's resignation must be clear and unequivocal.When the employee's clear and unequivocal intention to resign is not established, a judge may reclassify the resignation as dismissal without re...

An employer may provide accommodation to an employee in two ways:through a residential lease separate from the employment contract; oras part of the employment contract, as a benefit linked to it. The...

The inclusion of a place of work in an employment contract is for information purposes only, unless a clear and precise clause indicates that the employee will perform their work exclusively at that l...