Capstan News
The key updates in employment law.
Practical insights from Capstan lawyers.
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...
To receive daily social security benefits while on sick leave, an employee must refrain from any activity that has not been expressly and previously authorised by the prescribing doctor. The case law ...
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...