Does an employer violate the right to disconnect of the employee who spontaneously connects?

An employee is dismissed for incapacity following the opinion of the occupational physician. He claims that his dismissal was irregular and also seeks damages for his employer's violation of his right to disconnect. During his sick leave, he spontaneously connects to his workstation, answers his email address and carries out missions related to his position. He maintains that no system has been put in place within the company concerning the right to disconnect.

The Court of Appeal stated that the employee processed his emails spontaneously. No obligation to respond immediately is demonstrated here, even if the employer has not put in place a charter or a system relating to the right to disconnect. In view of the evidence, the employer has properly respected the employee's right to disconnect without forcing him to reply to his emails. The court underlines the fact that the employee chose to connect and process his professional emails spontaneously during his work stoppage. It does not give reasons to the arguments of the employee, he appeals in cassation.

The Court of Cassation confirms the decision of the Court of Appeal. It points out that there is no evidence to show that the employer obliged its employee to reply to his emails outside working time. In the present case, in the absence of an obligation on the part of his employer, the employee voluntarily decided to process his emails outside his working time. Those emails were automatic notifications to which he was not obliged to reply. No violation of the right to disconnect is thus characterized.