The applicable provisions of the French Labour Code depend on whether an employee’s incapacity is work-related, i.e. whether it is the result of a work-related accident or occupational illness.
For example:
– Employees whose work stoppage is work-related are protected against dismissal, except in cases of serious misconduct or when it is impossible to maintain their contract.
– An employee dismissed due to professional incapacity is entitled to compensation in lieu of notice as well as the double of the statutory legal severance pay (Article L. 1226-14 of the French Labour Code).
Until now, the role of the French Employment Tribunal has been fairly strictly defined:
– An Employment Tribunal may recognise the occupational nature of the incapacity despite a refusal by the CPAM to cover the accident or illness under occupational legislation (Cass. Soc., 18 Sept. 2024, No. 22-17.737).
– However, the non-challenged decision of the CPAM to recognise an accident at work or an occupational illness is binding on the Employment Tribunal (Cass. Soc., 18 Sept. 2024, No. 22-22.782).
– The Employment Tribunal has jurisdiction to determine the existence of a causal link, even if only partial, between the incapacity and the occupational accident/illness (Cass. Soc., 18 Sept. 2024, No. 22-17.737).
However, what discretion does the Employment Tribunal have when the employer disputes the occupational nature of the judgement before the relevant authorities?
In a ruling dated 24 September 2025 (No. 22-10.155), the French Supreme Court ruled for the first time that, when an employer formally disputes the occupational nature of an accident or illness, the Employment Tribunal must determine whether the work stoppage is in fact the result of a work-related accident or occupational illness.
https://www.courdecassation.fr/decision/68d392ec0a396ba0a474732d