Case law news: the right to evidence versus respect for privacy
Cass. Soc., 4 octobre 2023, no.21-25.452 and no.22-18.217
The Labor Court reiterated that evidence that infringes on an employee’s personal life does not necessarily have to be dismissed from the judicial proceedings. However, the production of photographs that was essential to the exercise of the right to evidence and proportionate to the aim pursued, i.e. the defence of the employer’s legitimate interest, is admissible evidence.

Case law news: any document containing obligations for the employee or provisions that the employee needs to know in order to carry out his work must be written in French
Cass. Soc., 11 octobre 2023, no.22-13.770
Any document containing obligations for the employee or provisions of which knowledge is necessary for the performance of his work must be drafted in French (ie: which sets the objectives necessary for the determination of the contractual variable remuneration). This rule does not apply to documents received from or intended for foreigners.

Case law news: dismissal following a report of harassment is not automatically null and void
Cass. Soc., 18 octobre 2023, no.22-18.678
The mere fact that a dismissal takes place at the same time as the denunciation of harassment is not sufficient to conclude that the dismissal is null and void. In the absence of any reference to the denunciation in the letter of dismissal, it is up to the employee to establish that the termination was in retaliation for the denunciation. On the other hand, if the reason for dismissal does not constitute a genuine and serious reason, it is up to the employer to demonstrate that there is no link between the whistleblowing and the termination in order to avoid the penalty of nullity.

Social conference organized by the French Association of Labor and Social Security Law on 12 October 2023: review of the case law of 13 September 2023 on paid leave and sick leave
This conference discussed the scope of the 13 September 2023 rulings in terms of the statute of limitations for paid leave earned by employees for sick leave taken prior to this reversal.
Some agree that employees have been able to claim paid leave for sick leave since 1 December 2009, the date on which the Lisbon Treaty came into force, giving binding legal force to the Charter of Fundamental Rights of the European Union, Article 31 § 2 of which has direct effect.

Decree D. n°2023-1004 of 30 October 2023 published in the Journal Officiel on 31 October 2023: details of information to be provided to employees about their employment relationship
From 1 November 2023, employers must provide their employees with a list of information on key aspects of the employment relationship.

URSSAF news note dated 30 October 2023: exemption limit for 2024 for vouchers and gifts awarded to employees for the Paris 2024 OLYMPIC and PARALYMPIC GAMES
Subject to certain conditions, CSEs may grant employees vouchers and/or gifts in kind, exempt from social security contributions, in respect of the Paris Olympic and Paralympic Games until 8 September 2024. For 2024, the total amount paid in respect of the two competitions may not exceed €966 per employee (25% of the monthly social security ceiling). If this amount is exceeded, only the excess fraction will be subject to tax.