Over the last few years, the system of evidence in French employment law has undergone major changes, notably regarding the burden of proof or types of proof that are admissible.
Under French civil law, the burden of proof is on the party claiming facts. So, as a principle, unless otherwise provided, the claimant can bring whatever means of proof they want.
This freedom has been recognised by industrial tribunals (conseils de prud’hommes) since 2001. The only limit is that such evidence must not have been obtained in a manner deemed unlawful or unfair, or in violation of a right – unlike in criminal law.
Although the burden of proof in employment is governed by civil law, it has certain specific features because of the possible economic imbalance between the parties.
Writers: Coline MONTANGERAND, senior associate ; Eva CATEZ, intern
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