Employment law and religion: the rules in France and Europe

Practising one's religion and holding down a job are two freedoms that French and European law protect, but also regulate. Can a Muslim employee be asked about their faith at interview? Can an employer forbid a religious symbol or refuse an adjustment? The answers depend on the sector (public or private), the company's internal rules, the nature of the role and the principle of proportionality.

This page presents the main legal principles that apply, particularly in France and the European Union, with pointers for readers in the United Kingdom. It is general information, not legal advice: for a specific situation, contact the labour inspectorate, an equality body, a trade union or a lawyer.

The foundation: freedom of religion and the ban on discrimination

Freedom of thought, conscience and religion is guaranteed by Article 9 of the European Convention on Human Rights and by the Charter of Fundamental Rights of the European Union. It includes the freedom to manifest one's religion, which may nevertheless be subject to limitations prescribed by law and necessary in a democratic society.

In employment, EU Directive 2000/78/EC prohibits discrimination on grounds including religion or belief, both at recruitment and throughout the employment relationship. In France, Article L1132-1 of the Labour Code applies this principle: no one may be excluded from recruitment, disciplined, dismissed or disadvantaged because of their religious convictions. The rules on hiring are set out in detail on our page about religious discrimination in recruitment.

Public sector and private sector: two different regimes

Public servants

In France, public service staff, whether established civil servants or contract staff, are bound by a strict duty of religious neutrality while performing their duties. They may not display their religious affiliation, notably through a visible symbol. This duty applies to staff; users of public services are not subject to it, except under specific rules such as those applying to pupils in state schools.

Private-sector employees

In a private company, the principle is the reverse: religious freedom is the rule. Article L1121-1 of the French Labour Code provides that no one may restrict individual rights and freedoms in ways not justified by the nature of the task to be performed or not proportionate to the aim pursued. Any restriction must therefore rest on objective grounds: safety, hygiene, contact with certain customers under specific conditions, or the proper running of the business.

The neutrality clause in internal rules

Since the law of 8 August 2016, Article L1321-2-1 of the French Labour Code has allowed a private company to include in its internal rules a principle of neutrality restricting the expression of employees' convictions. Such a clause must be justified by the exercise of other fundamental rights and freedoms or by the needs of the business, and must remain proportionate.

In its Achbita and Bougnaoui judgments of 14 March 2017, the Court of Justice of the European Union accepted that a general and consistent neutrality policy, applied to all convictions without distinction, may be legitimate, particularly for employees who deal with customers. It held, however, that the mere wish to satisfy a customer who does not want to be served by an employee wearing a headscarf is not an occupational requirement that justifies a restriction. For questions about dress, see our page on the hijab and religious symbols at work.

Adjustments: what you can ask for

French law does not create a general duty of "reasonable accommodation" on religious grounds, unlike the position for disability or in some other countries. Employees can nevertheless make requests, which the employer considers in the light of the company's constraints:

• leave for religious festivals, taken from annual leave or time-off-in-lieu entitlements;
• occasional changes to working hours, for example during Ramadan;
• arranging breaks to allow for prayer;
• pork-free or vegetarian meals at work events.

The employer may turn down a request for an objective reason linked to how work is organised, but not because of the religion itself. See also our pages on leave for Muslim festivals and prayer during working hours.

Refusing a task on religious grounds

As a rule, an employee cannot refuse to carry out a task provided for in their contract solely because of their convictions; the French courts accept this only in limited cases, in particular where the employer had been informed and had agreed to an adjustment. Hence the value of raising these subjects at the hiring stage. The topic is developed on our page about refusing a task that conflicts with your faith.

What about elsewhere in Europe?

Directive 2000/78/EC applies in every EU member state, but each country has transposed it in its own way and has its own tradition regarding religion at work. The United Kingdom, outside the EU, protects religion or belief as one of the protected characteristics under the Equality Act 2010; Acas publishes free guidance for employers and employees, and disputes are heard by employment tribunals. Before working in another country, check with the official national services and European resources such as Your Europe.

Where to find information and how to act

• Labour inspectorate: information on applicable employment law and inspection of companies.
• Défenseur des droits (France): free referral in cases of discrimination, including religious discrimination.
• Staff representatives and trade unions: in-house support and advice.
• Conseil de prud'hommes (French employment tribunal): the court for individual employment disputes.
• Service-Public.fr: official French fact sheets on employees' rights.

Always keep a written record of your requests and the replies you receive: if there is a disagreement, this evidence is essential.