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
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
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
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
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
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
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.
Harassment: is an investigation always mandatory? No: In labor court cases, evidence is freely admissible. No provision of the Labor Code requires employers to conduct an internal investigation in cases of reported sexual harassment. It is therefore up to the judge to assess the value and scope of the evidence produced, in particular the hearings and statements produced. Cass Soc, January
Domestic violence, long perceived as a strictly private matter, is now entering the professional sphere. While gender-based and sexual violence (GSV) traditionally refers to incidents occurring in the workplace, institutional practice and recommendations now include domestic violence when it affects the health, safety, or working conditions of employees. As part of the 2023-2025 National Action Plan for the Labor Inspection System,
Can an employer contact an employee’s doctor and obtain information covered by medical confidentiality? Ms. [T] was hired as a sales assistant by Pronovias France on July 23, 2012. Believing herself to be a victim of psychological harassment, the employee, who was dismissed for genuine and serious cause on August 31, 2018, brought a claim before the labor court for the