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French Court of Cassation (Cour de cassation), Plenary Assembly, No. 13-28.369, 25 June 2014

Type Judgment
Case number 13-28.369


Dismissal of the worker for refusing to remove the Islamic headscarf in the workplace.

Normative references

Artt. L. 1121-1 and L. 1321-3 French Labor Code


Pursuant to art. L.1121-1 and L.1321-3 of the Labor Code, the restrictions on the freedom of the worker to express his religious convictions must be justified by the nature of the duties specifically performed and proportionate to the aim pursued. Consequently, the internal regulations of a private company cannot contain general and imprecise restrictions on the exercise of a fundamental freedom such as that of manifesting one's religious belief.