Remote working from abroad without your employer’s consent is not – necessarily – reason for dismissal !

Paris Court of Appeal, April 4, 2024 no. 21/09585

Remote working from abroad without your employer’s consent is not – necessarily – reason for dismissal!

A horse-racing journalist was dismissed for serious misconduct by his employer, who stated that he had discovered that his employee was in fact remote working from abroad, thousand kilometers from the company, which, according to the employer, was such as to prevent him from carrying out his duties.

In a ruling dated April 4, 2024 (no. 21/09585), the Paris Court of Appeal invalidated the dismissal, noting :

• Firstly, that the company was aware of the fact that its employee was remote working from home, as demonstrated by certain exchanges, and that at no time did it object “clearly and unambiguously”, nor did it send him a formal notice,

• Furthermore, in the absence of a collective agreement or Remote working charter expressly requiring the employee to work at a specific location, and in the absence of any legitimate reason to prevent remote working, the company could not prohibit the employee from remote working at the location of his choice, including, as in this case, from abroad, as long as the employee provided evidence that he was able to work under conditions that enabled him to carry out his duties.

This ruling should encourage caution and clarity with regard to the rules governing the use of remote working, lest we find ourselves at a loss when faced with the personal and exotic initiatives of certain remote workers.