Hot weather: How can you dress at work?

In principle, an employee can dress as he wishes at work, but this freedom is not absolute. The employer may require the wearing of clothing appropriate to the interests of the company or employees. However, he may impose clothing constraints on him only if they are justified by the nature of the tasks to be performed and proportionate to the aim pursued.

Apart from health and safety constraints requiring the wearing of a particular outfit, the employer must justify clothing restrictions imposed on employees for reasons relating to the image of the company among the clientele or to decency.

Thus, the courts have held that an employee coming to work in bermuda, even hidden under a gown, had a dress incompatible with functions in contact with the clientele. Similarly, the employee of a real estate agency, in contact with the clientele too, had been criticized for working in tracksuits.

In the same vein, the employer may prohibit the wearing of indecent clothing which may cause a disturbance in the company. The dismissal of an employee refusing to change her dress (wearing a transparent blouse) has been validated.

On the other hand, it was held that an employer could not accuse a female employee of showing up at a client's house in jeans and boots or ambulance attendants, of wearing jeans and sneakers and of refusing to wear a tie.

The employee's freedom in clothing will be all the greater if he is not in contact with persons outside the company.