Keffiyeh, flags, stickers or clothing with messages… Carrying your beliefs, an ideology, principles or simply showing support for a community can sometimes be slightly complicated. Tarek Idrissi, co-founder of the caterer La Cuisine de Souad, learned this the hard way.
Established since May 2025 at the Hôtel Babel in Paris, the latter and its twelve employees will soon have to leave the premises, as reported by our colleagues at Reporterre. The reason? A “Free Palestine” sticker and a Palestinian flag, in particular, affixed to the restaurateur’s cash register which would have visibly gone down badly with one of the hotel guests who complained about it to the establishment’s management.
The latter would thus have justified its request to have them removed by the need to respect the “neutrality of the place”. What Tarek Idrissi refused to do. Because what, then, of freedom of expression? Is the professional setting totally different from the private setting? Does a company really have the right to prohibit its employees from carrying political messages in its establishment? 20 Minutes takes stock with Gérald Le Corre, labor inspector and CGT trade unionist.
What does the French Labor Code say?
“In the Labor Code, there is indeed a right to freedom of expressionwhich is explained in the article resulting from the Auroux ordinances. This is a law ratified in 1982 which says that freedom of expression is linked to the functioning of the company,” recalls Gérald Le Corre.
The text notably introduces the obligation for the company to have internal regulations, and asserts, among other things, the right to direct and collective expression of employees regarding the choices made by the company in terms of content and organization of work. However, it only concerns employees. “In the case of Tarek Idrissi, it is a partnership and a collaboration. It therefore depends on what this agreement contains,” explains the trade unionist. In this case, one of the parties also argued that “the operating conditions of the place” and “the initially defined framework” had not been respected.
The law of August 4, 1982 is also supplemented by two major texts: l’article 11 of the Declaration of the Rights of Man and of the Citizen, and l’article 10 of the European Convention on Human Rights. “Thanks to this, we have greater freedom of expression,” assures Gérald Le Corre.
What limits to this freedom of expression?
“The point of vigilance is the question of the interests of the company. That is to say that freedom of expression must not disrupt its functioning,” points out the CGTiste. In a company, it is theoretically possible to talk politics, address social or current events or even wear a keffiyeh, without being bothered by your superiors.
“But where you have to be careful is if there is a direct relationship with customers. As a civil servant, when I receive the public, I must wear neutral attire. On the other hand, when I am in the office and I have no contact with the public, I have the right, for example, to wear a t-shirt with Free Palestine written on it,” illustrates Gérald Le Corre. Messages of a racist, discriminatory, homophobic or transphobic nature are, on the other hand, obviously prohibited since, in this case, they fall within the scope of an offense.
What sanctions can the employer apply?
The disciplinary sanctions that the employer can take against its employee in the case of an abuse of freedom of expression are the same as in any other case. They can range from a simple warning to a demotion, transfer, layoff or even dismissal.
“In certain professions dealing with the public, outfits may be required. And contravening it can be considered a breach. This is, for example, the case for bus drivers, RATP controllers, sales representatives or receptionists,” specifies the labor inspector.
The only imperative: the sanction must be adapted to the alleged facts. “An employee can be sanctioned if his management considers that his behavior disrupts the normal functioning of the company. But she still has to succeed in proving it. A simple badge, a keffiyeh, a t-shirt or a pin are not enough,” confirms Gérald Le Corre.
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