Remote work: home-office occupancy allowance
For the first time, the Cour de cassation has ruled that a claim for payment of the allowance for occupying one’s home for professional purposes is subject to the two-year limitation period, running from the day on which the claimant knew or should have known the facts enabling them to exercise their right (art. L. 1471-1 of the Labour Code). As a reminder, the use of an employee’s home for professional purposes constitutes an intrusion into their private life. The employee may therefore claim an automatic allowance where no professional premises are made available within the company or where it has been agreed that the work is performed exclusively as remote work. (Cass. soc., 19 March 2025, no. 22-17.315)
Unpaid sick leave: seniority bonus
Where the employer does not maintain the remuneration of an employee on sick leave, that employee is not entitled to the seniority bonus if the collective bargaining agreement provides that the bonus is added to the actual salary. In this case, the collective bargaining agreement for the metallurgical, mechanical and related industries of the Paris region provides that the seniority bonus is added to the actual salary, that its amount varies with working hours and that it bears, where applicable, the increases for overtime. This decision is transposable to article 142 of the new collective bargaining agreement for the Metallurgy sector. (Cass. soc., 2 April 2025, no. 23-22.190)
Strict application of the Macron compensation scale
The Cour de cassation reaffirms the conformity of the Macron scale on the grounds that it provides reasonable compensation for the unjustified loss of employment and ensures the deterrent nature of the sums imposed on the employer. According to the Cour de cassation, it allows, within the meaning of article 10 of Convention no. 158 of the International Labour Organization, the payment of adequate compensation or any other reparation deemed appropriate. (Cass. soc., 9 April 2025, no. 24-11.662 and no. 24-13.958)
No automatic compensation for the employee in the event of employer breaches
The Cour de cassation provides further illustrations of situations in which an employer’s breaches do not automatically give rise to a right to compensation, the employee having to prove their loss: failure to comply with the enhanced medical monitoring of night workers (Cass. soc., 11 March 2025, no. 21-23.557); the employer’s failure to fulfil its obligation to ensure that paid leave is taken each year (Cass. soc., 11 March 2025, no. 23-16.415); nullity of a fixed-day working time agreement (Cass. soc., 11 March 2025, no. 23-19.669 and no. 24-10.452).
Disability: the employer’s refusal to apply medical recommendations may suggest discrimination
Discrimination on grounds of disability may be established by the employer’s refusal, even implicit, to take concrete and appropriate measures of reasonable accommodation of the workstation. These measures may be requested by the employee, recommended by the occupational physician, or result from the employer’s refusal to comply with the employee’s request to refer the matter to a body assisting with the employment of disabled workers. The judge must, first, examine whether the employee presents factual elements suggesting the existence of such discrimination. Second, the judge must examine whether the employer demonstrates that its refusal to take measures is justified by objective factors unrelated to any discrimination. These factors may relate to the material impossibility of taking the measures in question or to the disproportionate nature, for the company, of the charges resulting from their implementation. (Cass. soc., 2 April 2025, no. 24-11.728)
Postponement of sustainability reporting: the "Omnibus I" directive
Directive no. 2025/794 of 14 April 2025, known as "Omnibus I", provides for a two-year postponement of sustainability reporting for the following companies: large European companies (or third-country companies) whether listed or not (meeting at least two of the three following criteria: more than 250 employees; more than EUR 50M net turnover; more than EUR 25M total balance sheet), postponed to 1 January 2028 instead of 2026; listed SMEs, postponed to 1 January 2029 instead of 2027. Anticipating this directive, the bill on various provisions adapting to European Union law (DDADUE), confirmed by the Constitutional Council on 29 April 2025, incorporates this timetable into domestic law. It also specified that the information of the works council (CSE) on sustainability matters must be carried out at least during one of the mandatory annual consultations, at the employer’s choice (strategic orientations / economic and financial situation / social policy) (art. L.2312-17 of the Labour Code: to be amended shortly). A second directive, known as "Omnibus II", aimed at reducing the obligations on companies in the field of sustainability, is currently under discussion. (Directive no. 2025/794 of 14 April 2025, known as "Omnibus I"; DDADUE bill of 3 April 2025; Decision no. 2025-879 DC of 29 April 2025)