Heatwave in an open-plan office: summer puts more than just ventilation systems to the test. It also raises questions about professional practices, starting with the sensitive issue of dress code. But can you really bare your calves at work without raising issues?
While there is no legal ban on wearing Bermuda shorts, employers can nevertheless limit their employees’ freedom of dress, provided they justify their decision on objective grounds such as hygiene, safety, or the company’s image. The French Supreme Court clearly reiterated such principle in a decision on May 28, 2003: when individual freedom is at stake, restrictions are only valid if they are proportionate to the position and the tasks involved.
So, shorts or no shorts?
The general rule is, unsurprisingly, based on decency and cleanliness; an employee was sanctioned for repeatedly wearing a transparent shirt without underwear (Cass. soc. July 22, 1986, No. 82-43824)…
However, as an exception, the job may require specific clothing to be worn: smocks, hairnets, branded T-shirts, etc. In this case, the employer is responsible for providing and maintaining the equipment, especially if it contributes to the safety and protection of the employee.
But beyond the law, relaxed dress codes are also becoming a managerial marker. As Le Monde pointed out in a recent plea, Bermuda shorts are not a defeat for professionalism, but a response to the climate—both literally and figuratively.
Common sense recommendations, temporary adjustments, open dialogue between HR and employees: after all, elegance often lies in striking a balance between comfort and consistency.
Hello Monday is taking a summer break.
But don’t worry — it’ll return in September, all dressed up to the nines.
Thank you, who? ærige!
