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A reminder to respect the French right to rest

Published on : 04/02/2025 04 February Feb 02 2025
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The right to disconnect has been a fundamental aspect of French labor law since its introduction in 2016, ensuring that employees are not required to remain reachable outside working hours. However, recent case law underscores that employers must strictly respect this right - regardless of operational constraints.

In a key ruling on October 9, 2024, the French Supreme Court reaffirmed that an employer cannot discipline an employee for refusing to answer calls outside working hours. The case involved a truck driver who was dismissed for serious misconduct, including prior disciplinary warnings for not answering his employer’s calls during rest periods. While his termination was upheld due to other infractions, the Court invalidated the disciplinary warnings, confirming that not being reachable outside working hours does not constitute misconduct.

Caroline Scherrmann, Partner at Flichy Grangé Avocats, analyzes this decision in an article for International Employment Lawyer. This ruling, which aligns with established case law, serves as a clear reminder that French employers cannot penalize employees for refusing to respond to work-related requests outside their contracted hours, even if such practices were previously common within the company or industry.

With litigation on working time increasing, businesses should proactively review their practices and implement appropriate policies to ensure compliance with the right to disconnect.

Read the full article below.
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