France: Employee rights

Original and updating author: Mark Carley

Consultant editor: Guillaume Desmoulin, Fromont Briens

See the legal services provided by the authors/consultant editors of XpertHR International > France, including any discounts/offers for subscribers.

Summary

• The Government has introduced measures that are relevant for employers and employees in response to the coronavirus (COVID-19) outbreak. (See Coronavirus - emergency measures)
• There are various rules for employees' hours of work, including overtime, and particular restrictions for night workers and young workers. (See Hours of work)
• Employees are entitled to minimum rest breaks, hours of rest between ending and starting work, and weekly rest periods. (See Rest breaks and rest periods)
• Subject to certain exemptions, Sunday is a non-working day and forms part of the statutory weekly rest period. (See Sunday work)
• There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holidays and holiday pay)
• Pregnant employees, new mothers and adoptive parents have various rights, including protection from dismissal. (See Maternity and pregnancy rights)
• Qualifying employees may take parental or paternity leave. (See Parental leave)
• Employees are entitled to take unpaid leave to look after a sick child. (See Carer's leave)
• There are rules for various other types of leave, including leave for family events or a sabbatical. (See Other leave)
• Part-time workers have various rights, such as to benefit from the same rights and advantages as full-time employees, on a pro rata or adapted basis where necessary. (See Part-time workers)
• Fixed-term workers have various rights, and fixed-term contracts may be used only in certain circumstances. (See Fixed-term workers)
• Workers posted to work in France from other countries are covered by French employment legislation. (See Posted workers)
• When an independent economic entity is transferred to a new employer and maintains its identity, the employment contracts of employees are transferred to the new employer. (See Transfers of undertakings)
• There are rules regarding payments for employees in the event of the employer's insolvency. (See Insolvency of employer)
• Employees are entitled to bring grievances against the employer, and employers are allowed to impose sanctions on employees they believe guilty of misconduct at work. (See Grievance and disciplinary procedures)
• Moral harassment, harassment and violence at work are prohibited. (See Bullying, harassment and violence)
• There are various rules regarding the processing and use of employees' personal data. (See Data protection)
• Employers have additional obligations in respect of teleworkers, who are defined by statute. (See Telework)
• Employees have a "right to disconnect" from work-related technology outside working hours. (See Right to disconnect)