Working environments are constantly changing, and so is the law. Technological advancements, evolving employer and employee expectations, as well as new organizational structures are challenging traditional norms.
In this context, employment relationships are increasingly in focus. Our role at Dechert is to guide you through labor and employment law to help you limit risks and avoid surprises.
The seventh edition of this guide, put together by Dechert’s dedicated labor and employment lawyers in France, explains the main rules employers need to know to manage staff effectively in France. We hope that this resource is of great help to you.
Sampling of Most Common Questions and Answers
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Question: If the employer and the employee have mutually agreed that the employee can work remotely, can the employer require the employee to return to the office after years of remote work?
Answer: No. If remote work was mutually agreed upon and has become the established practice, the employer cannot require the employee to return to the office without their consent. This would constitute a modification of the employment contract.
Question: Can an employer mandate that employees work remotely?
Answer: No, except in exceptional circumstances such as an epidemic threat or a force majeure event, where remote work can be imposed without the employees' consent.
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Question: Can an employee refuse to perform tasks that are not included in their contract?
Answer: Yes. An employee can refuse to perform tasks not specified in their contract or the applicable collective bargaining agreement, unless these tasks fall within their skills or qualifications.
Question: Can an employer change an employee's job title and responsibilities without their consent?
Answer: No. Changing an employee's job title or responsibilities is considered a modification of the employment contract and requires the employee's prior consent.
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Question: Can an employee be reinstated if their dismissal is deemed unfair?
Answer: Yes. The judge can recommend that the employee be reinstated in the company. If either the employee or the employer refuses reinstatement, the judge will award the employee compensation. The amount of compensation is determined by the French Labor Code and varies based on the employee's length of service and the size of the company.
Question: Can an employee be dismissed without notice?
Answer: Yes, but only in cases of serious misconduct. Otherwise, the employee is entitled to a notice period or compensatory payment.
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Question: Can an employer hire an employee on a fixed-term contract without providing a specific reason?
Answer: No. A fixed-term contract can only be signed for specific and temporary tasks, in accordance with the cases provided by the French Labor Code.
Question: At the end of a fixed-term contract, can the employer immediately hire another fixed-term contract for the same position?
Answer: No. The employer must observe a waiting period before hiring another fixed-term contract for the same position, calculated based on the duration of the previous contract.
Note: This Q&A is based on the laws and regulations in force in France and may vary according to future legislative changes.
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