3) Question of dress
3.1) Can the employer impose an outfit?
The employer may regulate the wearing of an outfit in particular provided that it is justified by the nature of the task to be performed and proportionate to the purpose (Art L 1321-3 of the French Labor Code).
Moreover, when the employee is in contact with customers, the employer can also impose dress code.
3.2) Is the freedom of the employee absolute?
The principle is the freedom for the employee to be able to dress as he wishes (Cass., November 6, 2001, n° 99-43988) but, as previously seen, the employer's power of direction allows him to to limit this freedom since it is not considered by the texts as a fundamental freedom.
However, the tolerance of the employer is greater when the country goes through heat episodes, so the employer / employee dialogue must be favored to ensure compliance with the company rules.
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Article L.4131-1 of the Labor Code
Article L.4121-1 of the Labor Code
Article L.4131-3 of the Labor Code
Article R.4225-2 of the Labor Code
Article L. 1321-3 of the Labor Code
Cass. Soc., 6 novembre 2001, n°99-43988
Frédéric CHHUM Attorney Avocat and Member of the Bar Council of Paris
CHHUM AVOCATS (Paris, Nantes, Lille)
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