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In a decision dated March 26, 2025 (French Supreme Court n°23-13.081), the Social Chamber reiterated the strict scope of the employer’s duty of care under Articles L.4121-1 and L.4121-2 of the French Labour Code. The Court held that an employer cannot be deemed to have fulfilled their legal obligation to ensure employee safety if they […]

In a ruling on February 26, 2025 (FSC, February 26, 2025, n° 24-12.295), the French Supreme Court clarifies the designation of members of the Health, Safety, and Working Conditions Committee (“CSSCT” in French) when an executive college has been set-up for the elections. As a reminder, the Health, Safet, and Working Conditions Committee must include at

In a ruling dated January 8, 2025, the French Supreme Court confirmed that the assessments of the works council’s expert on the company’s economic and financial situation are only meant to analyze the company’s accounts and evaluate its economic condition for the current year and the two preceding years. In November 2022, as part of

If a settlement agreement prevents the commencement or continuation of legal proceedings between the parties, this only relates to the subject matter of the agreement. It does not prevent one of the parties from commencing proceedings on a different matter (French Supreme Court., 16 October 2024, Nr. 23-17.377). In a recent ruling dated November 6,

In a decision issued on October 23, 2024, the French Supreme Court held a redeployment offer to be insufficiently detailed for it did not include all the mentions listed in Article D.1233-2-1 of the French Labor Code. The Court considers that failing to set out any one of the mentions provided in the French Labor Code

Failing specific provisions in the applicable collective bargaining agreement (CBA) and in the employment contract on the form required to waive the non-compete obligation weighing on the employee, the employer is not bound to follow any specific formality. On the contrary, if the applicable CBA sets out specific rules thereon, the employer is bound to

The dismissal of an employee for economic reasons can be justified based on the company’s ceasing to operate, according to Article L.1233-3, 4° of the French Labour Code. In a decision dated September 20, 2023, the French Supreme Court thus specifies that this reason alone is sufficient to justify the redundancy, without it being necessary

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