Capstan News

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

An employee may work more than six consecutive days before their weekly rest period
An employee may work more than six consecutive days before their weekly rest period

Employers are prohibited from making the same employee work more than six days per week.But what does "week" mean in this context? The calendar week, from Monday at midnight to Sunday at midnight incl...

Employee on sick leave: offering one's services to an employer's client justifies dismissal
Employee on sick leave: offering one's services to an employer's client justifies dismissal

During periods of suspension of their employment contract, employees remain bound by a duty of loyalty to their employer. However, carrying out an activity while on sick leave does not in itself const...

Sexist behaviour justifies dismissal for serious misconduct
Sexist behaviour justifies dismissal for serious misconduct

According to the French Labour Code, "No one shall be subjected to sexist behaviour, defined as any behaviour related to a person's sex, which has the purpose or effect of violating their dignity or c...

A letter of reprimand with a "threat of dismissal" is a disciplinary sanction
A letter of reprimand with a "threat of dismissal" is a disciplinary sanction

Any measure, other than verbal observations, taken by the employer following an action by the employee that the employer considers to be wrongful constitutes a sanction. These measures may or may not ...

Social Security budget for 2026
Social Security budget for 2026

After much uncertainty due to political instability, the National Assembly finally adopted the 2026 Social Security budget.Among the measures planned are:a suspension of the 2023 pension reform, which...

An identical offence committed by two employees does not require an identical penalty
An identical offence committed by two employees does not require an identical penalty

Employers may impose different penalties on employees who have committed the same offence, in the interests of the company.In other words, imposing different penalties on employees does not, per se, c...

Teleworkers are entitled to meal vouchers
Teleworkers are entitled to meal vouchers

According to the French Labour Code, "Teleworkers have the same rights as employees who perform their work on the company's premises."Two rulings dated 8 October 2025 held that employers cannot refuse...

Employment of senior employees: a new law is published
Employment of senior employees: a new law is published

Lawย No. 2025-989ย of 24 October 2025 amends several provisions of the Labour Code to facilitate the recruitment of experienced job seekers and support their continued employment.Creation of an obligati...

Capstan unveils the future of work!
Capstan unveils the future of work!

Capstan Avocats is launching a new annual publication: Capstan Perspectives. A thought leadership tool, it aims to share our analyses, fuel reflection and provide key insights for executives facing ma...

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...