SHARE
COPY LINK

JOBS

Workplace romance: The rules around dating colleagues in France

France might have a reputation as a place where anything goes when it comes to l'amour, but if you strike up a relationship with a colleague, there are some rules to be observed.

Workplace romance: The rules around dating colleagues in France
Thinking of starting a romance in the workplace? Photo by PATRICK HERTZOG / AFP

The rules around workplace dating hit the international headlines recently when McDonald’s CEO Steve Easterbrook was fired over a consensual relationship with a colleague.

All countries have different rules on this tricky issue, so will an inter office hook-up land you the sack in France?

READ ALSO 

Well as you might expect, France takes a slightly more relaxed view on this issue than many other countries, and there is nothing in employment law that prevents you forming a relationship with a colleague.

Employment law expert Eric Rocheblave told French newspaper Le Parisien: “It would seem that the slogan in France is ‘love as you want’. Love is a private life and is an individual freedom. You have the right to love your boss, your secretary, your co-worker.”

In fact, France goes one step further and has enshrined in its Labour Code that your private and emotional life is none of your employer’s business.

Article L1121-1 of the Labour Code, forbids any discrimination based on family or romantic status, and stipulates that “no one may impose restrictions on the rights of persons and on individual and collective freedoms that are not justified by the nature of the task to be performed or proportionate to the intended purpose.”

So if your love life is not affecting your work, then it’s no-one’s business but yours.

The article does state that exceptions are possible, but the company has to be able to justify them. And the simple fact of working for, for example, an American company where the rules are often different would not provide sufficient justification if you work in France and would make the company vulnerable to legal challenge.

Eric Rocheblave added: “Such a ban must be justified and I don’t see how a company could do anything to prevent its employees from falling in love.”

And French courts have backed this interpretation in case law over the years, including a recent case where the Court of Appeal ruled that an employee who died while having sex with a stranger while on a business trip was the victim of a workplace accident.

The core of the case was the judge’s ruling that having sex – even if it’s with a pickup you have only just met – is a normal part of everyday life, so this employee’s sexual mishap should treated the same as if he had choked on his breakfast or fallen down the stairs while on the business trip.

But before you start putting the moves on that hot colleague that you have been gazing at over the photocopier, you should be aware that there are some rules and restrictions around relationships in the workplace.

Firstly you are required to conduct your relationship with discretion. Kissing, baby talk, nicknames or physical displays of affection need to be kept very much out of the workplace and in your private time.

Secondly if you are in a senior position to your paramour you need to be conscious of the risk of favouritism.

Aurélie Thévenin, a lawyer specialising in labour law at the Paris Bar, warned that: “The most common risk is that of favouritism.”

So granting a pay rise of promotion to an employee that you are having a relationship with could be grounds for a disciplinary action unless you can justify your actions.

But clearly these rules are not proving too onerous to French employees – according to an Ipsos study conducted in February 2018, one in seven couples met at work.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

LIVING IN FRANCE

Why you might get a letter about French benefits

France is introducing stricter residency requirements for certain benefits, including those that foreigners in France can qualify for, and has begun sending letters out to recipients.

Why you might get a letter about French benefits

In April, the French government passed a decree that will tighten up residency requirements for different types of benefits, including the old-age top-up benefit.

Previously, the rule for most benefits was residency in France for at least six months of the previous year to qualify, though some required eight months and others, like the RSA (a top-up for people with little to no income) requires nine months’ residency per year.

However, the government announced in 2023 its intention to increase the period to nine months for several different programmes – which was put into decree in April – in an effort to combat social security fraud, as well as to standardise the system.

The changes, which will go into effect at the start of 2025, do not affect access to healthcare – foreigners can still access French public healthcare as long as they have been resident here for a minimum of three months. 

Similarly, the rules for accessing chômage (unemployment benefits) have not changed yet. Currently, you must have worked for at least six months out of the last 24 months to be eligible, as well as meeting other criteria including how you left your previous job.

This may change in the future, however, with the French government poised to reform the unemployment system again.

READ MORE: How France plans cuts to its generous unemployment system

Which benefits are affected?

The old-age benefit – or the ASPA – will apply the new nine month requirement. Previously, people needed to be in France for at least six months out of the year to qualify.

If you receive this benefit already, you will probably get a letter in the mail in the near future informing you of the change – this is a form letter and does not necessarily mean that your benefits will change.

If you are already a recipient – and you live in France for at least nine months out of the year – then you do not need to worry about your access to the ASPA changing.

If you want to access this benefit, it is available to certain foreigners, even though it is intended to help elderly (over 65) French citizens with low state pensions.

It is only available to foreigners who have been living legally in France for at least 10 years, and starting in 2025 you will need to spend nine out of 12 months a year in France. You can find more information at THIS French government website.

Otherwise, prestations familiales, or family benefits will be affected by the new nine month residency rule. These are available to foreigners with valid residency cards, as long as their children also live in France.

This includes the family allowance (given out by CAF), which is available for families on low incomes with more than two children, as well as the ‘Prime à la Naissance’, which is a means-tested one-off allowance paid in the seventh month of pregnancy to effectively help with the start-up costs of becoming a parent, will also be affected by the new nine month residency rule. 

READ MORE: France’s family benefit system explained

If you receive these benefits already, then you will likely receive a letter explaining the changes shortly.

And finally – the RSA, which is the top-up benefit for people with little to no income, was already held to the nine month standard, so there will be no residency-related changes.

SHOW COMMENTS