French Act of 10th August 2018 creates “right to make mistakes” concept which also concerns Employers
According to this new regulation, French Administration cannot sanction an employer who mistakenly applied law or abided an obligation, thus creating a new concept: the right to make mistake.
This right for employer is only applicable if the following requirements are met:
- the employer has been acting in good faith;
- it is the first time the employer misapplies the law or an obligation;
- the employer corrected his mistake by himself or spontaneously after being invited to do so by the Administration.
Important note: Laws and/or obligations of employers regarding preservation of employees’ health and safety are excluded from the scope of this Act.
It is important to mention that this right to make mistake is only applicable between the employer and the Administration. Consequently, the employer cannot invoke it when it comes to litigation with an employee.
Furthermore, the Act also creates the possibility for employers to ask the Administration to validate and/or control their labor practices to ensure that they are following the French regulations. If not, this will not result in a punishment at that stage but only to a warning.
In short, this law aims at fostering collaboration between employers and Administration.
Vanessa Stepanian / Tilia Bopp