Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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The Unapproved Recording of a Conversation Can Be Excluded from Evidence

Precedential Decision by Judiciary or Regulatory Agency

Author: Guillaume Desmoulin, Partner – Littler France

Although the French Supreme Court has held that unlawfully or unfairly obtained evidence may not necessarily be excluded from evidence, in a recent action before the employment tribunal seeking termination of an employment contract on the grounds of harassment, the tribunal excluded a transcript of an interview between the employee and staff representatives appointed to carry out an investigation.

The Court noted that the employee had provided other evidence suggesting the existence of harassment and therefore ruled that the production of the secret and unapproved recording of the conversation was not essential to support the employee's claims.

Employees Can Be Compensated If Their Image Is Used Without Consent

Precedential Decision by Judiciary or Regulatory Agency

Author: Guillaume Desmoulin, Partner – Littler France

In a case involving an employee whose image was used in a brochure to customers, the French Supreme Court ruled that the employee was entitled to compensation for the use of his image without his consent.

A Member of Executive Committee Can Be Appointed as a Union Representative

Precedential Decision by Judiciary or Regulatory Agency

Author: Guillaume Desmoulin, Partner – Littler France

In a case involving a senior executive employee appointed as a union section representative, the French Supreme Court rejected the employer’s claim that the employee’s appointment was unlawful because of his participation in the management committee.

The French Supreme Court rejected the employer’s claim finding that the employee had no decision-making power over the hiring, promotions or terminations, and did not have the authority to independently decide on changes in his department, and therefore could be appointed as a union representative.

Change to the Acquisition of Paid Leave During Sick Leave

Proposed Bill or Initiative

Author: Guillaume Desmoulin, Partner – Littler France

In its September 13, 2023, ruling the French Supreme Court held that employees were entitled to accrue paid leave during sick leave in accordance with EU legislation on paid leave. Accordingly, on March 15, 2024, the French government proposed legislation to the French Parliament on the acquisition of paid leave. The amendment provides for:

• The acquisition of two working days of paid leave per month, up to a maximum of 24 days (i.e., a total of four weeks of leave per year), for employees on sick leave due to a non-occupational accident or illness.
• An employer’s obligation to inform employees of the number of paid sick leave days acquired and the time remaining to take them, within 10 days of returning to work following a sick leave.
• A right to defer leave for 15 months from the time the employee is informed of the paid sick leave days acquired after returning to work following a sick leave. This deferral period is retroactive to December 1, 2009.