Who should pay for work clothes?

Whether it's a full uniform , a work blouse, or simply a pair of safety shoes, an employee may legitimately wonder about reimbursement or maintenance of work clothes. How are things organized between the employer and the employee in terms of supply, maintenance, replacement, and ownership? Here's some clarification to help you understand who is responsible for what!

Workwear: definition

In France, any clothing required by the employer is considered work attire. Although Article L-1121-1 of the Labor Code protects employees' freedom to dress as they wish, employers may require specific attire. They may choose uniforms for commercial, hygiene, or safety reasons, provided that this is justified and proportionate. Employees must comply with these requirements, under penalty of sanctions, including dismissal, if the employer can prove their necessity. Furthermore, the law obliges employers to require personal protective equipment (PPE) for certain hazardous tasks, as defined by Article R. 233-83-3 of the Labor Code.

Which sectors are affected?

Wearing professional attire is common in many sectors, both public and private, for reasons of authority, recognition, image, hygiene, or safety. This dress code requirement affects fields such as hospitality, catering, retail, transportation, healthcare, construction, industry, and services. From airline flight attendants to fast-food workers and electricians, millions of employees wear specific clothing for their job or company every day.

Who pays for work clothes?

The employer must provide, free of charge, the work clothes they require, in accordance with Article R4321-1 of the French Labor Code, which mandates that all equipment necessary for the task or the safety of workers be provided. This principle applies to both permanent and temporary employees, and the temporary employment agency cannot bear the cost. Any request for payment from the employee for these clothes is illegal.

Who pays for the renewal and maintenance?

The Labor Code requires employers to maintain personal protective equipment, including work clothes, in good condition and to cover the costs of cleaning, repair, and replacement. This obligation applies even to simple garments, such as a work shirt. Employers cannot evade this responsibility by arguing that cleaning does not incur additional costs for employees. The Court of Cassation has upheld this obligation, stipulating that employers must cover the maintenance costs of items mandated for employees.

Supplies: how does it work?

In most companies that require a specific dress code, new employees receive a measurement questionnaire along with their employment contract. This questionnaire is based on their measurements, which will determine whether they receive their work overalls or overalls, for example. By specifying their shoe size, they will be provided with work shoes that fit properly. For more comprehensive uniforms, some companies have their own clothing department or use a specialized subcontractor. Employees must obtain all the necessary items for their job duties from this subcontractor.

Maintaining work clothes: several solutions!

While employers have a legal obligation to cover the costs associated with maintaining the uniforms they require, the methods of this coverage are quite flexible and varied. In practice, companies implement several solutions:

• a specific bonus: the employee sees an additional line on their payslip compensating for their maintenance expenses on a flat-rate basis.
• Payment by invoice: the employer ensures reimbursement of work clothing costs upon presentation of their laundry and dry cleaning invoices.
• Subcontracting: the employee drops off their dirty items at their company and picks up clean ones.
• The provision of washing machines: employees themselves carry out the maintenance of the clothes they use during their working hours.

Good to know : Court of Cassation ruling no. 16-25563 of February 14, 2018

In a recent case, the Court of Cassation ruled that when an employer mandates a uniform, they are responsible for its upkeep, even if the employment contract contains no specific clause stipulating this.

Workwear Properties

For the employer's obligations to apply, the clothing and protective equipment in question must remain the property of the company. They must not be worn outside of work-related activities. Without the employer's explicit agreement, employees must return them at the end of their employment contract. Adherence to these ownership provisions allows for the unambiguous classification of supply and maintenance costs. It is therefore advisable to remember to return all items initially provided upon hiring.

Renewal and maintenance: an obligation for the employer

The employer must maintain work clothes in good condition and be responsible for their cleaning, repair, and replacement. This rule applies even to simple items, such as a work shirt.
The Court of Cassation confirmed that the employee should not bear these costs, even if the cleaning does not generate any apparent additional cost.

What to do in case of a dispute?

In the event of a reimbursement issue, the employee must first attempt to resolve the dispute with their employer. If necessary, a union representative can raise the matter with the works council or take legal action. The law provides a framework for this process. The obligation to take legal action has an advantage, as the employer covers all costs.

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