Can an employee be forced to speak English?

In France, there are few executives who are fluent in English. According to the Cadremploi survey, 28% Executives say they speak English fluently 35% Claims to be functional^[1]. A study on the level of English ranks France On the 29th And the last level of European countries^[2]. This study establishes a clear link between improved English skills and increased profits generated in international trade.

Training employees to speak English: A big challenge

Fostering English learning is a critical issue for organizations in 2023. “With more employees working in a foreign language, the company can open to the international market and therefore sell more. ‘Business, more profitable, growth. and sustainable’². Investing in teaching English to its employees can represent a significant competitive advantage for a company. So companies train their employees in English. There is a real strategic option to provide. But this is a medium-term strategy, and not to impose English learning overnight… In addition, it takes 6 months to 1 year to learn to speak functional professional English (when the employee’s general level of English is fluent).

Training in English, is it a professional obligation for the employer?

Vocational education is a legal obligation provided under Articles L.6312-1 and the Labor Code, which allows each employee to acquire or renew his knowledge and skills in order to improve his professional development and his maintenance in the workplace. .

Given the evolution of trades, technologies and organizations, the employer has an obligation to ensure that employees adapt to their workplace. So it defines a skill development program every year in which all training activities, mandatory or optional, are provided to the employees, and English can be a part of it.

For example, as part of a professional promotion, the employer can arrange training in English for his employee so that he can adapt to his new functions and interact with his colleagues and/or customers.

In this case, the employee cannot refuse it when it is necessary for the practice of his profession.

In fact, training is considered part of the normal performance of his employment contract and the employer’s decision is binding on the employee as it is within the employee’s administrative authority.

Can you resist employee training?

Resisting employer-requested training without proper reason may constitute misconduct, subject to a disciplinary sanction, and may result in dismissal for serious misconduct.^[3].

For example, a salesperson cannot refuse training in English if he covers English-speaking countries.

However, it should be noted that some exercises require the employee’s agreement, and the latter’s refusal does not constitute misconduct justifying disciplinary action or dismissal.

These are training activities carried out, in whole or in part, outside working hours; Actions that verify skills or experience gained.

It is also possible to refuse training if there is a valid reason.

Indeed, if the subject of the training has nothing to do with the employee’s contract of employment or if the training results in a change in the contract of employment (for example transfer etc.).

If the proposed training has particularly restrictive effects on the employee’s personal life (difficulties in childcare, etc.), it may be refused by the employee.

Under no circumstances can an employer force an employee to take overnight English training. This is the approach implemented by the organization and should be compatible with the employee’s workstation.

However, once training in English has been confirmed for an employee, the employee’s compliance with the plan should be encouraged in order to contribute to the success of this training approach and its speed, in accordance with the above-mentioned legal principles.

How to motivate an employee to follow a training course in English?

Basically, English learning is a question of providing the employee with what he can bring to his career development, both for the organization and for himself. The manager has every interest in projecting its communication to target employees through training.

It is also interesting to show the personal interest that employees have in learning English (to improve their long-term employability, to recover during transitions, to respond to new challenges, etc. According to the Gautreploy survey, English is a barrier to their career development. Training in English is a personal and professional strategy.

In form, some language training companies offer fun digital learning platforms, open in “full access”, which allows a strong commitment of learners. Among recent trends in professional language training, “quick-learning” (short training content: 5 to 15 minutes, delivered at defined intervals, promoting order and thus anchoring learning) enjoys great success because it is often easily adapted. Overload schedule of employees.

^[3] Cass. Soc. February 13, 2008, no. 06-43.785; Cass. Soc. December 3, 2008, no. 07-42.196

Amélie Ghesquière, SVP social legal specialist, assists companies in day-to-day operational decision-making on all HRM and social legal issues.

Sonia Yangui, SVP Social Legal Specialist, assists organizations in day-to-day operational decision-making on all social legal issues.