Comprehensive bill examined since October 2026

A comprehensive bill addressing sexual and sexist violence, examined by the National Assembly since October 1, 2026, could significantly alter the obligations of employers following a report. Article 44 of the bill introduces a systematic internal investigation process, imposing eleven procedural requirements on private employers and potentially subjecting them to a financial penalty of up to 1% of their payroll.

Bill No. 3106 aims to inscribe detailed procedures

The bill, known as Bill No. 3106, aims to inscribe detailed procedures for handling reports of sexual and sexist violence into the Labor Code. It introduces a new Article L. 1142-2-2 of the Labor Code, which outlines eleven obligations for private employers. These include the immediate triggering of an internal investigation, the chronological order of hearings, the preparation of a report, and the confidentiality of testimonies.

Proposed changes build upon existing legal obligations

The proposed changes build upon existing legal obligations that require employers to protect the physical and mental health of workers, as outlined in Articles L. 4121-1 and L. 4121-2 of the Labor Code. Article L. 1153-5 already mandates that employers take measures to prevent, end, and sanction sexual harassment. However, the current legal framework does not specify a uniform procedure for conducting internal investigations.

Court of Cassation decision in January 2026

The January 14, 2026 decision by the Court of Cassation emphasized that no provision of the Labor Code mandates employers to conduct internal investigations following a report of sexual harassment. This decision underscores the distinction between the obligation to react and the obligation to conduct a formalized investigation. However, the bill would transform this distinction by making internal investigations a legal obligation, accompanied by specific procedural requirements.

Eleven procedural obligations outlined in Article 44

The eleven procedural obligations outlined in Article 44 include maintaining records of reports, triggering an investigation immediately, implementing precautionary measures, hearing the presumed victim first, collecting testimonies, preparing a report, communicating results to both parties, preserving the report, protecting against retaliation, and allowing individuals to review and amend their statements before signing.

Chronological order of hearings is a significant aspect

The chronological order of hearings is a significant aspect of the proposed framework. The presumed victim should be heard first, followed by identified witnesses, and finally the person accused. This order aims to prevent the accused’s statements from influencing the initial investigation and to ensure that investigators have detailed information before collecting the accused’s observations.

Eleventh obligation ensures accuracy of statements

The eleventh obligation, allowing individuals to review and amend their statements, adds a procedural guarantee to ensure the accuracy of the investigation. This provision aims to secure the transcription of statements and avoid disputes regarding their meaning or circumstances.

Confidentiality of testimonies is a critical concern

Confidentiality of testimonies is a critical concern, as the bill requires the delivery of the investigation results to both the presumed victim and the accused while maintaining the confidentiality of the testimonies. The distinction between the results of the investigation and the complete investigation file is crucial to balance the protection of individuals and the need for evidence in potential legal proceedings.

Bill introduces mechanism for reporting non-compliance

The bill also introduces a mechanism for individuals to report non-compliance with the investigation procedures to the labor inspection. This could include procedural failures such as the absence of an investigation or manifestly insufficient conclusions. The financial penalty for non-compliance could reach up to 1% of the payroll, with the proceeds allocated to the branch Work Accidents - Occupational Diseases.

Similar device applies to public employers

A similar device would apply to public employers, with some differences in the legal framework and specific provisions. The internal investigation process must be coordinated with potential criminal procedures, ensuring that the employer does not interfere with evidence collection or expose individuals unnecessarily.

Bill aims to formalize internal investigations

While the bill aims to formalize internal investigations, it is important to ensure that the process remains focused on the rigorous establishment of facts and the protection of individuals. The effectiveness of the bill will depend on its implementation and the accompanying regulatory provisions. The bill is expected to be voted on October 13, 2026, and its final form may still evolve during the parliamentary debates.