French Court of Cassation issues key labor law rulings

The French Court of Cassation has issued two significant rulings on September 9, 2026, impacting labor law and employee rights across France.

In the first case, the Court addressed the limits of employer authority regarding employee speech. It partially overturned a decision involving a disabled worker from APF France handicap who was dismissed for gross misconduct after sending critical emails to a human resources manager. The Court ruled that judges must balance an employee’s right to freedom of expression against an employer’s interest in protecting the business. This requires a detailed examination of the context, scope, and impact of the remarks. The case also touched upon allegations of undeclared work and illegal labor lending.

In a second ruling, the Court strengthened protections for occupational health. The case involved a pregnant employee at a Total service station in Saint-Joseph, operated by Maillot services distribution. Despite specific medical restrictions prohibiting outdoor work on the station forecourt and the lifting of heavy loads, the employee continued to perform these tasks. The Court of Cassation affirmed that failure to respect restrictions set by an occupational physician is sufficient grounds for legal reparation, reinforcing the rights of all employees in France.