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ARTICLE · 26 JULY 2019

Employment Alert – July 2019

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Focus on workplace harassment: new decision and reminder of of the previous case law

FranceEmployment and HR

Focus on workplace harassment: new decision and reminder of of the previous case law

1. The prohibition of workplace harassment applies to an employee exempted from working

In a decision published on June 26, 2019, the Social Chamber of the French Supreme Court laid down the principle according to which:

The provisions of Article L 1152-1 of the French Labor Code "are applicable to an employee exempted from working due to an end-of-career leave since the employment contract is not terminated during this period" (Cass. Soc., June 26, 2019, No. 17-28.328).

In this case, the employee was on remunerated end-of-career leave put in place by company agreement until retirement age.

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