
The disclosure by the employer of the employee’s address without his prior consent constitutes an infringement of the latter’s right to privacy
Cass. soc., 11 Feb. 2026, n°24-18.087
In this case, an employer transmitted to a trade union a letter from an employee in which her postal address appeared, an address that the employer did not conceal before transmitting the letter to the trade union. The High Court held that the disclosure by the employer of the employee’s home address without her consent constitutes an infringement of the right to privacy protected by Article 9 of the Civil Code.
A procedural irregularity has no effect on the real and serious cause of the dismissal
Cass. soc., 11 Feb. 2026, n°24-12.986
In this case, an employee challenged her dismissal on the ground that the contractual procedure for prior consultation, providing for a disciplinary council composed of eight members, had not been complied with. The High Court held that this procedural irregularity was not such as to deprive the dismissal of a real and serious cause and consequently awarded the employee only compensation for irregular dismissal capped at one month’s salary.
Reform project: new measures regarding conventional termination and unemployment insurance
Amendment No. 3 of February 25, 2026 to the Agreement Protocol of November 10, 2023 relating to unemployment insurance
Since January 1, 2026, the employer contribution on conventional termination indemnities has increased from 30% to 40%. Beyond that, the bill of March 6, 2026 provides for a reduction of the maximum compensation durations from 18 to 15 months for beneficiaries under 55 years old and from 27 to 20.5 months for those aged at least 55 years, with the removal of the distinction between 55-56 years and 57 years and over. Beneficiaries of at least 55 years would nevertheless retain the possibility of benefiting from an extension of their compensation when their professional project justifies it. To date, the terms and the implementation schedule are undefined.
In the event of a work stoppage, the maintenance of the employee’s remuneration must also include bonuses.
Cass. soc., 7 Jan. 2026, n°24-21.418
The High Court held that, in the absence of contractual provisions excluding variable remuneration from the basis of salary maintained during a sick leave, the salary maintenance must correspond to the salary, including bonuses. Thus, the High Court clarified the scope of the obligation to maintain salary in the event of a suspension of the employment contract due to illness.
See also...
Newsletter Employment law – may 2026
Published on 26 May 2026 at 12h57
Newsletter employment law – april 2026
Published on 20 April 2026 at 14h53
Newsletter Intellectual property – march 2026
Published on 30 March 2026 at 13h03