Do I have the right not to respect a professional intention written in English?

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1539 and the Villers-Cotterets decree required that documents emanating from the state be written in French (not Latin). In companies, especially foreign companies, things are more complicated. An executive responsible for sales within an American group had his commission program in English. Being dismissed, he approached the Industrial Tribunal and sought refund of the amount deducted from his salary as recovery of commission as this commission scheme written in English was not enforceable against him.

On appeal, he was rejected by the Toulouse court, which noted that the company’s working language was in fact English. The Court of Cassation recalls that any document containing obligations to the employee or regulations necessary for the performance of their work must be drawn up in French (Art. L. 131-6 of the Labor Code). However, this rule does not apply to documents received from abroad or for foreigners (Sat.June 7, 2023). The Court of Appeal of Bordeaux must therefore determine the origin of the Commission’s plan. It is valid if coming from USA. If written in English by a French subsidiary, no.

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Lucien Flament is a lawyer at Valmy Law Firm, specializing in labor law.