A preliminary question of constitutionality, concerning the rule depriving employees of compensation in lieu of paid holidays in the event of gross misconduct, was referred to the Constitutional Council by the French Supreme Court.

In principle, an employee dismissed for gross misconduct is deprived of the compensation in lieu of paid holidays; nonetheless, this rule is set aside in cases where the employer is required to enroll in a paid leave fund.

The claimant argued that the difference in treatment between employees dismissed for gross misconduct, depending on whether or not they work for an employer enrolled in a paid leave fund, bears no relation either to the purpose of the legislation on paid leave funds or to the purpose of the legislation on depriving employees of the compensation in lieu of paid holidays.

The Constitutional Council has confirmed that the contested provisions violate the principle of equality before the law and has therefore declared them contrary to the Constitution.