Capstan News

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

Concealment of misconduct by a superior: the starting point of the statute of limitation may be deferred
Concealment of misconduct by a superior: the starting point of the statute of limitation may be deferred

An employer who becomes aware of misconduct has two months to initiate disciplinary proceedings against an employee. By way of exception, this statute of limitation is interrupted if criminal proceedi...

Paid leave may trigger overtime
Paid leave may trigger overtime

According to the French Labour Code, any hour worked in excess of the legal weekly working time or the time considered equivalent is overtime, which entitles the employee to additional pay or, where a...

A whistleblower can be dismissed, if it is for reasons unrelated to the alert
A whistleblower can be dismissed, if it is for reasons unrelated to the alert

Under French legislation, a whistleblower is a person who reports or discloses, without direct financial compensation and in good faith, information relating to a crime, offence, threat or harm to the...

Sick leave during paid leave: right to carry over!
Sick leave during paid leave: right to carry over!

When a period of paid leave coincides with another cause for suspension of the employment contract, Court of Cassation case law traditionally gave precedence to the first cause for suspension:If sick ...

Employee dismissed for giving a Bible outside of work: dismissal invalid
Employee dismissed for giving a Bible outside of work: dismissal invalid

French Courts consider that there is a strict boundary between individualsโ€™ private and professional lives. In principle, a personal matter cannot give rise to disciplinary action. This has been ruled...