French Employment law - Back to school: will you be going back to your Bermuda to extend your vacation?

This is the question posed by Marc Beaugé, a fashion journalist, in the August 23, 2025 issue of Le Monde, p. 54.

The journalist concluded that this outfit was risky in an open-plan office and could lead to employees who risked wearing Bermuda shorts in an open-plan office "having to go on a long vacation and not return."

Dress-down dressing has invaded the workplace.

Thirty years ago, "Friday wear" emerged, meaning casual wear on Fridays.

Today, in many companies, it's "Friday wear" every day.

Even more so among Generation Z.

Moreover, luxury brands offer sneakers and/or casual workwear, which was not the case 30 years ago.

1. Principle of Employee Freedom of Dress

In principle, employees have individual freedom to dress, as stipulated in Article L 1121-1 of the French Labor Code: "No one may impose restrictions on the rights of individuals and individual and collective freedoms that are not justified by the nature of the task to be performed or proportionate to the desired goal."

This is therefore an individual freedom, but not a fundamental one, as the Court of Cassation has affirmed.

In a ruling dated May 28, 2003, the Court of Cassation stated that "an employer cannot impose clothing restrictions on an employee that are not justified by the nature of the tasks to be performed and proportionate to the intended purpose. The freedom to dress as one wishes during and in the workplace does not fall within the category of fundamental freedoms (Cass. soc., May 28, 2003, No. 02-40. 273).

This freedom of dress for employees at work is therefore not absolute and may be restricted.

2. Clothing restrictions justified by the nature of the tasks to be performed and proportionate to the intended purpose

2.1 The employer may require the wearing of a professional uniform

The employer may require a professional uniform when this obligation is justified by the nature of the tasks to be performed and proportionate to the intended purpose.

For example, in the construction industry, the wearing of specific clothing is mandatory to ensure employee safety and prevent risks related to their work.

Similarly, in the restaurant industry, the employer may impose professional attire that reflects the establishment's standards.

2.2 The employer may prohibit certain types of clothing.

The employer may also prohibit certain types of clothing that it deems inappropriate for professional use.

These restrictions may concern clothing that compromises hygiene, safety, decency, or the company's brand image.

The Court of Cassation upheld the ban on an employee who was in contact with customers and who worked for a real estate agency from reporting to work in a tracksuit (Cass. Soc., November 6, 2001, No. 99-43.988).

Similarly, the Court of Cassation upheld the dismissal of an employee, a technical agent who had persisted in wearing Bermuda shorts despite the oral and written observations of his superiors, particularly because he could be in contact with customers (Cass. Soc. 12 November 2008, no. 07-42.220).

3. Employer Obligations Regarding Employee Dress Code

Conversely, the employer has certain obligations.

First, it may require employees to wear decent and appropriate attire, but must communicate its expectations in advance.

This information must be included either in the employee's employment contract or in the company's internal regulations.

In this case, the employer is required to cover the cost of the work attire it imposes (Cass. Soc., January 19, 2012, No. 10-31.013), either by awarding a bonus or by reimbursing expenses incurred.

It must also ensure the maintenance of the professional attire it imposes (Cass. Soc., May 21, 2008, No. 06-44.044).

***

As a provisional conclusion, is it risky to wear Bermuda shorts when returning from vacation?

If you don't have any customer contact, it's doable.

Still, wear more formal attire in case your employer makes a comment.

However, the back-to-school season is rather gloomy this year.

The question may not arise.

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644

.Lille: : 45, Rue Saint Etienne 59800 LILLE – Ligne directe +(33) 03.20.57.53.24

SOURCES

JuriTravail, Tenue vestimentaire au travail : quelles sont les règles applicables par l'employeur ? , publié le 12/08/2025

https://www.juritravail.com/Actualite/tenue-vestimentaire-au-travail-que-dit-la-loi/Id/75131

Service Public, Tenue vestimentaire au travail : quelles sont les règles ? , publié le 23/07/2025

https://www.service-public.fr/particuliers/actualites/A18391

Social CSE, Liberté vestimentaire au travail : Que dit la loi ? , publié le 14/11/2024

https://socialcse.fr/liberte-vestimentaire-au-travail-que-dit-la-loi/

Le Figaro Emploi, Quels sont les droits et les obligations de l’employeur en matière de tenue vestimentaire au travail ? , publié le 04/05/2023

https://recruteur.lefigaro.fr/article/quels-sont-les-droits-et-les-obligations-de-lemployeur-en-matiere-de-tenue-vestimentaire-au-travail/

Cass. soc., 28 mai 2003, n° 02-40. 273 https://www.legifrance.gouv.fr/juri/id/JURITEXT000007048346/

Cass. Soc. 6 novembre 2001, n° 99-43.988 https://www.courdecassation.fr/decision/6079b1a79ba5988459c52ea8

Cass. soc, 21 mai 2008, n° 06-44.044  https://www.courdecassation.fr/en/decision/6079b0819ba5988459c4f3a7