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Friday, January 23, 2026

Employment and Labor 3A Newsletter - December 2025 - Dentons

Did you know? December 19, 2025 will be International Christmas Sweater Day. This tradition began in Canada in the 2000s: the 3rd Friday in December is celebrated as Ugly Christmas Sweater Day. It has since become a global tradition, celebrated in schools, businesses, by celebrities and politicians, and is growing in popularity every year, creating a joyful and festive atmosphere. Get out your most kitsch and colorful sweaters on December 19!

A decision

Professional assessment system including behavioral assessment criteria deemed unlawful due to vague and imprecise criteria

In a decision dated October 15, 2025, the social chamber of the French Supreme Court ruled that a method of assessing the professional abilities of employees (EDI) was entirely unlawful. This method included a section devoted to "group behavioral skills" with behavioral criteria and not just purely technical assessments, including the concepts of "optimism," "honesty" and "common sense," used under the items "commitment" and "with simplicity" (Cass. soc., October 15, 2025, No. 22-20.716 F-B).

The Court of Appeal, approved by the French Supreme Court, ruled that these criteria had a moralizing connotation that affected the personal sphere of employees, and that they were too vague and imprecise to establish a direct, sufficient, and necessary link with the employees' activities for the purpose of assessing their skills at work. The Court of Appeal added that these criteria led to an overly subjective...



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