France
Evidence from a video surveillance system that complies with GDPR is admissible (case law)
Impact date: 21 May 2025 The French Supreme Court emphasizes that images from a video surveillance system, whose primary purpose is not to monitor employee activity but to ensure the safety of people and property, may be used for disciplinary purposes in case of breach of safety rules, provided that the system meets the requirements of the General Data Protection Regulation (GDPR).
In the case at hand, the dismissal was therefore valid, despite 16 years of service.
Employer implications/action needed N/A
Employer risk N/A
Right of access to work emails (case law)
Impact date: 18 June 2025 An employee was dismissed for serious misconduct and requested access to his work emails under the GDPR to defend his rights. The employer refused to provide the emails, leading the employee to take the matter to the Labor Court. The Court of Appeal ruled in favor of the employee, stating that the employer's refusal was wrongful and caused harm. The French Supreme Court upheld this decision, confirming that work emails are personal data under the GDPR and that employees have the right to access them, including metadata, unless it infringes on the rights and freedoms of others. The employer was ordered to pay €500 in damages.
Employer implications/action needed N/A
Employer risk N/A
Free share allocations and Article L.1224-1 of the French Labor Code (case law)
Impact date: 18 June 2025 An employee whose contract was transferred pursuant to Article L.1224-1 of the French Labor Code before the final acquisition of the shares allocated to him is not entitled to compensation for loss of opportunity, unless fraud took place under Article L1224-1 of the French Labor Code.
Employer implications/action needed N/A
Employer risk N/A
Compensation for invalidity of the termination of the probationary period (case law)
Impact date: 25 June 2025 The French Supreme Court has clarified the penalty applicable when the termination of a probationary period is invalid. When the termination of the probationary period is invalid, the employee is entitled to compensation for the harm resulting from the invalidity of the termination but not to the compensation provided for an invalid dismissal, as the rules relating to the termination of a permanent employment contract do not apply to the probationary period.
Employer implications/action needed N/A
Employer risk N/A
Immigration law
Impact date: To 31 December 2026 A discretionary power has been given to the préfets until 31 December 2026 to regularize illegal workers working in jobs and geographical areas where there is a recruitment shortage. In practice, this involves granting a one year’s residence permit, applicable if the individual has:
- Worked as a salaried employee in a job included in the list of jobs and geographical areas that have experienced recruitment difficulties for at least 12 consecutive or non-consecutive months over the last 24 months
- Held a job in one of these jobs or areas
- Proven uninterrupted residence in France for at least three years and
- A clean criminal record (“bulletin n°2”) with no convictions, inabilities or disqualifications
There is discretion to refuse regularization even if the above conditions are met. Préfets will have to take into account the social and family integration of the illegal workers, whether they comply with public order, whether they are integrated into French society and whether they embrace the way of life and values of French society and the principles of the Republic.
Other changes include training for foreign non-French speaking employees, and social security benefits for foreign nationals who are not EU nationals.
Employer implications/action needed Employers should note the changes and review their policies and procedures for the employment of foreign workers to ensure compliance.
Employer risk Employers that fail to comply with the new requirements risk the payment of damages. Employers should remain alert to the prohibition on hiring or employing a foreign worker without authorization (such offence being punished by criminal penalties and administrative sanctions).
Upcoming measure on birth leave
Impact date: Awaited (entry into force expected in 2026) The French Government has announced the creation of birth leave to replace the current parental leave.
The details are yet to be finalized but are expected to include:
- The replacement of parental leave by a six months’ birth leave for both parents
- The leave can be taken by one or both parents, at the same time or successively, full-time or part-time
- The leave will be compensated by social security at 50% of the last salary, up to a limit of €1,800 that could be supplemented by the employer
Employer implications/action needed Employers should continue to monitor the progress of this proposal.
Employer risk N/A
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