can we come to work in shorts and flip flops?

The thermometer will exceed 30 degrees in many regions of France and some may be tempted to dare to wear shorts. But as often, in labor law, the rules are set somewhat by the Labor Code, but above all by the case law of the Court of Cassation, which adapts these rules and sets a real code of conduct.

And when it comes to clothing at work, there is what it takes. It is first of all the famous affair of Bermuda shorts: a technician from Sagem had persisted in wearing Bermuda shorts under his blouse despite the very clear opposition of his superiors. He had been asked orally and in writing to return to long pants. His dismissal was considered quite valid, especially since he was in contact with customers. A decisive argument, in this case. And there is the affair of the blouse, on the women’s side this time: that of an accounting assistant who had persisted in coming to work with a transparent blouse and no bra. His boss had asked him to change his outfit. In vain. He fired her. The dismissal was, again, considered valid, on the grounds that the transparent blouse was likely to cause trouble in the company even if it had no contact with customers.

Labor code and dress code

Violation of prohibitions may result in dismissal. Heat cannot in fact be a reason for evading one’s obligations as an employee. The freedom to dress is not a fundamental freedom. The employer can impose restrictions on this. However, they must be proportionate to the aim sought and the nature of the task. Nothing therefore prevents an employer from laying down certain prohibitions and from requiring, even when it is very hot, to wear decent clothing. These provisions may be included in the internal regulations, or even in the employment contract. If an employee does not respect the dress code, he may well be fired. This is provided for by the Labor Code.

The Labor Code indicates that decent dress is to be adopted in the workplace, failing which there may be reprimand, disciplinary sanctions or dismissal. And employees who must wear safety clothing must continue, even in very hot weather. Even if RATP bus drivers were authorized last year to wear Bermuda shorts in the event of high heat, no safety equipment can be reduced. Nurses can’t do without their gowns and construction workers can’t work bare-chested.