May April

Decisions of the Month: March – April

Three recent decisions to incorporate into HR practices immediately   In recent weeks, several rulings by the Court of Cassation have reinforced the requirements placed on employers regarding evidence, procedural formalities, and the safeguarding of HR decisions. Behind these rulings lies a single message: judges now expect companies to provide a much more structured demonstration of their case, particularly on sensitive

En savoir plus
Companies are missing the mark

Pay transparency: Companies are missing the mark

For several months now, HR departments have been preparing for the entry into force of European Directive (EU) 2023/970 on pay transparency. Reporting pay gaps, new disclosure requirements, and the reversal of the burden of proof: all eyes are on the upcoming French transposition law and the 2026–2027 deadlines. But in practice, many companies are looking at the wrong deadline. Because

En savoir plus
Learning and failure

Learning and failure

Can an apprentice immediately terminate their apprenticeship contract in the event of serious breaches by the employer? On January 21, 2026, the Court of Cassation received a request for an advisory opinion filed on January 7, 2026, by the Versailles Court of Appeal in a case between Immobilière des musiciens and Ms. [R]. The request is worded as follows: “Can an

En savoir plus
Transfert de mails et licenciement

Email Transfer and Termination

Can the mass transfer of emails justify the dismissal of a protected employee? On March 2, 2020, the Centre Hélène Borel, a medical-social organization, sought authorization to dismiss Ms. B…, a social worker and protected employee, on disciplinary grounds. The association accused Ms. B… of forwarding, from her work email account, hundreds of emails to her personal email account and to

En savoir plus
Burnout: Can the Law Restore Order?

Burnout: Can the Law Restore Order?

Following an event organized by ANDRH Paris Maillot on burnout, one question stood out: What is the legal framework surrounding burnout? Behind this concept lie specific rules regarding labor law, social security, and prevention. Recognition as an occupational illness, the role of the occupational physician, employer responsibilities, procedures, and required evidence: legal insights into a topic that has become central to

En savoir plus
February decisions

Decisions of the Month: February

Use of digital tools: Can insulting messages be used as grounds for disciplining an employee? Yes: Messages sent via work email are presumed to be work-related and may serve as grounds for disciplinary action. In this case, an employee had sent insulting and disparaging messages about his superiors from his work email account. He argued that these exchanges were part of

En savoir plus
Generation z

Generation Z: When New Expectations Challenge Old Habits…

Generation Z is becoming a permanent fixture in organizations. It brings new expectations—flexibility, purpose, transparency—that challenge internal practices far more than labor law itself, whose principles remain unchanged. For executives and HR directors, the real question is no longer “How can we attract Gen Z?” but “How far can we adapt without undermining fairness and legal certainty?” Flexibility, purpose, balance: high

En savoir plus

Preliminary interview and invitation

If an employee refuses to sign the notice of the preliminary interview, does that necessarily render the procedure invalid? Mr. [V] was hired as a heavy-duty truck driver on March 30, 2015, by Mr. [S], who operated a sole proprietorship engaged in the decontamination and recycling of damaged vehicles, the rights to which were subsequently acquired by [S] Autos. The employee

En savoir plus
Harassment and investigation

Harassment and Investigation

Sexual Harassment: Is an Internal Investigation Required? Mr. [H] [W] was hired on September 10, 1981, as an offset clerk in the Operations Department of the Caisse Régionale de Crédit Agricole Mutuel Martinique Guyane. His most recent position was Project Manager for Real Estate, Public Authorities, and Regulations. On August 22, 2019, he was accused by Ms. [N] [R] of repeated

En savoir plus
BFM

Current trend: The hardship account will come into effect on January 1

Current trend: The application of the hardship account was discussed by Marinette Soler, deputy secretary general of the CFDT trade union, Guillaume Verdier, partner at SCP Tuffal-Nerson Douarre & Associé, and Jean-Luc Tuffier, member of the MEDEF Ile-de-France executive committee. – Paris est à vous, December 29, presented by Karine Vergniol, on BFM Business.

En savoir plus