French is the official language of the Republic, and the Labor Code has direct consequences on corporate life. Speaking a foreign language at work raises more nuanced questions than a simple “allowed or prohibited.” Between the Toubon Law, the linguistic discrimination criterion introduced in 2016, and recent European requirements on salary transparency, several texts overlap, sometimes in tension.
Toubon Law and linguistic discrimination: two distinct legal frameworks
Two blocks of rules coexist. Their logic is opposed, and confusing them leads to common management errors.
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| Legal Framework | Objective | Reference Text | What it imposes or prohibits |
|---|---|---|---|
| Toubon Law (1994) | Protect the use of French | Law No. 94-665 of August 4, 1994 | Documents related to the employment relationship (contract, internal regulations, safety instructions, job offers) must be written in French |
| Linguistic discrimination criterion (2016) | Protect multilingual employees | Article L.1132-1 of the Labor Code, law on the modernization of Justice in the 21st century | Prohibits any unfavorable treatment related to the ability to express oneself in a language other than French |
| European directive on salary transparency (2023) | Objectify pay gaps | Directive of May 10, 2023 | Language skills can justify a pay gap, but only if they are necessary for the position and documented by non-discriminatory criteria |
The first framework requires French in formal documents. The second protects the right to speak another language. The question of whether it is prohibited to speak another language at work on Empire Business arises precisely in this legal gray area.
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Working documents in French: what the Toubon Law actually covers
The Toubon Law does not govern conversations between colleagues. It targets written documents related to the execution of the employment contract. A contract written solely in English, even signed by an English-speaking employee, is unenforceable in its unfavorable clauses to the employee if no French version has been provided.
The internal regulations, memos, safety instructions, job offers published in France: all must be written in French. However, a document received from abroad or intended for a foreign employee can be written in another language, provided that a French translation is available.
Case of companies with foreign headquarters
A French subsidiary of an international group remains subject to this obligation, even if the working language of the group is English. Internal software, job titles displayed on the intranet, evaluation forms: any document affecting employee rights must exist in French.
The response from the Ministry of Labor published in the Senate in 2007 already confirmed this point. Companies that impose English as the only language for drafting these documents expose themselves to the unenforceability of the relevant clauses.
Spoken language among colleagues: linguistic discrimination in the workplace
Since 2016, the ability to express oneself in a language other than French is among the criteria for discrimination prohibited by Article L.1132-1 of the Labor Code. This criterion adds to those related to origin, gender, age, or religious beliefs.
In practice, an employer cannot sanction an employee for speaking their mother tongue during a break or a private exchange on the premises. They also cannot dismiss a candidate on the grounds that they speak a foreign language outside of their duties.
When the employer can require French orally
The prohibition against discrimination does not eliminate the power of direction. The employer can impose the use of French in specific situations:
- When the safety of employees is at stake (oral instructions on a construction site, coordination in an operating room), mutual understanding justifies the requirement for French or a common language defined by the internal regulations
- When a position involves direct contact with French-speaking clients, proficiency in French constitutes a professional requirement proportionate to the position
- When the internal regulations explicitly provide for the use of French during service meetings or information exchanges between teams
Outside of these situations, no law prohibits speaking one’s mother tongue in the workplace. The common belief that “French is mandatory in all circumstances” is not based on any text.
Language skills and remuneration: the European angle
The European directive of May 10, 2023, on salary transparency introduces an additional constraint. Employers will need to state objective and non-sexist remuneration criteria. Language skills may be included, but only if they are directly related to the function held and documented in the job description.
In practice, granting a bonus to a bilingual English employee for a position without international contact could be reclassified as indirect discrimination. Conversely, valuing proficiency in German for a sales position exporting to Switzerland remains an acceptable objective criterion.
Job offers and language requirements
The drafting of job offers concentrates the risks. Requiring “fluent English” without a link to the job’s missions may constitute discrimination in hiring based on origin. Courts examine the proportionality between the requested language level and the actual tasks.
- A job offer stating “native French required” is discriminatory: the relevant criterion is the level of proficiency, not linguistic origin
- A job offer requesting “professional proficiency in French, minimum C1 level” for a writing position remains lawful
- Requiring a foreign language without justification related to the position exposes the employer to a challenge based on Article L.1132-1
The linguistic criterion in job offers remains the area where the boundary between legitimate professional requirement and indirect discrimination is the thinnest. The burden of proof lies with the employer, who must demonstrate that the required language skill is necessary for the effective performance of the position.
The three texts (Toubon Law, Article L.1132-1, 2023 European directive) outline a framework where French remains mandatory in documents, protected in formal exchanges, but where the linguistic diversity of employees cannot serve as a reason for exclusion or sanction. The difference almost always comes down to the same question: the link between the required language and the reality of the position.