Heatwave: Can you wear shorts to work when the temperature rises?

Shorts, short skirts, sandals... In hot weather, choosing what to wear to work can be a real headache. Employees are sometimes unaware of what they're actually allowed to wear, and this uncertainty is easily explained: the French Labor Code itself remains relatively vague on the subject.

In principle, everyone is free to dress as they wish at work, so there is no law prohibiting the wearing of shorts or flip-flops in the office. Clothing choices are therefore a matter of "individual freedom, a form of freedom of expression," says Eric Rocheblave, a lawyer specializing in labor and social security law.

This freedom is not absolute, however. The employer may impose certain dress restrictions, provided they are clearly expressed in the employment contract or the company's internal regulations. These rules must also be "justified by the nature of the task to be performed" and "proportionate to the desired goal," as specified in Article L1321-3 of the French Labor Code.

Among the most commonly cited reasons for regulating employee attire are hygiene, safety, and professional requirements, such as the company's image or customer contact. These reasons may legitimately justify the employer's introduction of dress restrictions.

Thus, there are a few cases of sanctions for non-compliance with dress code guidelines. In a 2003 ruling, the Court of Cassation upheld the dismissal of an employee who persisted in wearing Bermuda shorts, despite multiple oral and written warnings from his superiors. The court relied on the nature of his duties and the requirement to wear work attire set out in the internal regulations.

Freedom of dress is therefore not considered a fundamental freedom: it does not benefit from the same level of legal protection as freedom of association or religious freedom, for example.

However, since July 1, employers have had certain obligations in the event of extreme heat. Article R4463-3 of the Labor Code provides, among other things, that "the choice of appropriate work equipment [allows], taking into account the work to be performed, to maintain a stable body temperature."

While the notion of dress code in general, and the wearing of shorts in particular, is not explicitly mentioned, some flexibility on this subject may be considered to protect the health of employees during heatwaves. "In the event that an employer does not take measures and has an accident with one of its employees, such as illness or heatstroke, it will be held responsible and could face heavy penalties," explains Eric Rocheblave.

As the law remains unclear on the issue, case law evolves with changing customs. In 2008, the Paris Court of Appeal ruled against an employer who had fired an engineer who had appeared before a client... in jeans. The court ruled that "such attire" could no longer " nowadays, and in such a context" be considered "incongruous or inappropriate."