France: Employees Cannot Claim Damages if They Voluntarily Decide to Violate Their Right to Disconnect

On 25 March 2026, the French Supreme Court ruled that employees cannot claim damages for voluntarily checking their emails in the absence of any constraint imposed by their employer.

Since 2016, companies must ensure that they take necessary measures to ensure their staff fully benefit from their rest time. This includes avoiding sending them any emails or requiring them to check their emails during such time off. Companies with over 50 employees must negotiate a collective agreement or institute a policy setting out rules on how this will be respected.

In this case, the French Supreme Court ruled that the employee had spontaneously decided to check and answer certain emails during his sick leave whereas there was no urgency and that there was no evidence of any constraint imposed by his employer to do so.

 

Key Action Points for Human Resources and In-House Counsel

Check if you need to adopt a “right to disconnect” policy.