Capstan News
The key updates in employment law.
Practical insights from Capstan lawyers.
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 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...
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...
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...
An employee was dismissed for serious misconduct following a whistleblowing report and an internal investigation. Before the Court of Cassation, he primarily argued that his dismissal was void. He cla...
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...