France: Changes in the Rights of Employees to Class Actions
On 3rd April 2025, the French Parliament decided to harmonise the rules on class actions, including class actions brought by employees, when transposing the Representative Actions Directive n° 2020/1828 into French law.
The right for employees to bring class actions was added to the French Labour Code in 2016 and applied to discriminatory practices and protection of personal data.
It has now been extended to include all legal and contractual violations by an employer which could cause harm to several employees. This can, for example, include health and safety issues such as moral harassment, the content of collective bargaining agreements, or even the payment of overtime.
It is not necessary to demonstrate that the persons concerned have indeed suffered harm nor to demonstrate the employer’s intent or negligence.
Trade unions and certain not-for-profit organisations can bring such actions. The employer must first officially be put on notice to desist from the potential violation. The employer then has one month to inform the company’s Work Council and trade union representatives. They can ask the employer to open discussions on how to put an end to the potential violation. It is only after the expiry of a 6-month period after such a request is made that legal proceedings can be initiated.
Key Action Points for Human Resources and In-House Counsel
Ensure that you are aware of how to respond to any official notice to desist from any violation.
