Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits. However, on March 26, 2014, the French Supreme Court held that the employer may take into account employee absences due to a strike when calculating employee bonuses, as long as the employer also takes into account all other absences except those which count as actual working time by law.

Special thanks to Sophie Montagne, a juriste in the Paris office, for her contribution to this article