Labour and employment—France—Q&A guide

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Labour and employment—France—Q&A guide
  • 1. What are the main statutes and regulations relating to employment?
  • 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?
  • 3. What are the primary government agencies or other entities responsible for the enforcement of employment statutes and regulations?
  • 4. Is there any legislation mandating or allowing the establishment of employees’ representatives in the workplace?
  • 5. What are their powers?
  • 6. Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?
  • 7. Are there any restrictions or prohibitions against requiring a medical examination as a condition of employment?
  • 8. Are there any restrictions or prohibitions against drug and alcohol testing of applicants?
  • 9. Are there any legal requirements to give preference in hiring to, or not to discriminate against, particular people or groups of people?
  • More...

Labour and employment—France—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to labour and employment in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2020).

Authors: Morgan Lewis—Sabine Smith-Vidal; Charles Dauthier

1. What are the main statutes and regulations relating to employment?

The main statutes and regulations relating to employment are the Labour Code, the Social Security Code, administrative regulations and collective bargaining agreements, either at a field-of-activity level or at a company level. International treaties, European legislation, the Constitution of 1958 and associated sources and the Civil Code, which contain provisions that apply to employment, should also be mentioned.

2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law?

The Labour Code protects employees against harassment and discrimination, either direct or indirect, at work. Pursuant to article L1132-1 of the Labour Code, in making a decision to hire, sanction, dismiss, promote or reward an employee, an employer must not take into account an employee’s:

  1. origin;

  2. gender;

  3. morals;

  4. sexual orientation or identity;

  5. age;

  6. family situation or pregnancy;

  7. genetic characteristics;

  8. vulnerability resulting from the employee’s economic situation, assumed or real;

  9. belonging or not belonging to an ethnic group, nation or race, real or assumed;

  10. political opinions;

  11. union or mutual activities;

  12. religious beliefs;

  13. physical appearance;

  14. family name;

  15. place of residence or

Popular documents