Source date: 2026-04-12
Does an employer violate an employee's right to disconnect if the employee logs in voluntarily? Published on April 13, 2026 - Entreprendre Service Public / Direction de l'information légale et administrative (Prime Minister)
In a ruling dated March 25, 2026, the Cour de cassation (Court of Cassation) indicated that there is no violation of an employee's right to disconnect when they spontaneously decide to log in outside their working hours.
An employee was dismissed due to unfitness following the occupational health doctor's opinion. The employee challenged the legality of the dismissal and also claimed damages for violation by their employer of their right to disconnect. During sick leave, they voluntarily logged into their workstation, responded to emails, and performed tasks related to their position. They argued that no measures had been implemented within the company regarding the right to disconnect.
The right to disconnect is defined as the employee's right not to connect to professional digital tools outside of working hours. This right is set out in Article L2242-17, paragraph 7 of the Labor Code.
The court of appeal found that the employee processed their emails voluntarily. No obligation to respond immediately was demonstrated here, even though the employer had not established a charter or framework concerning the right to disconnect. Indeed, based on the evidence, the employer properly respected the employee's right to disconnect without forcing them to respond to emails. The court emphasized that the employee chose to log in and handle work emails voluntarily during sick leave. It did not rule in favor of the employee. The employee appealed to the Cour de cassation.
The Cour de cassation upheld the decision of the court of appeal. It recalled that no element proved that the employer forced the employee to respond to emails outside working hours. In this case, in the absence of any requirement from the employer, the employee voluntarily decided to process emails outside working hours. These emails were automatic notifications to which they were not obligated to respond. Thus, no violation of the right to disconnect was established.
Legal texts and references
Source: Service-Public professionnels
