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 least three staff representatives appointed by the Social and Economic Committee (“CSE” in French) among its members including at least one from the executive college, when it has been set-up (Article L. 2315-39 of the Labor Code).
Facts of the case:
Four elected members had been appointed by a CSE to be members of the CSSCT. Among these members, one was from the first college “workers and employees” and the other three were from the second college “supervisors”. No member from the executive college had been appointed, even though it had been set-up during the last professional elections. Two elected members from this college, as well as a union filed a request to obtain a new designation, arguing that at least one member of the CSSCT should be an executive.
Position of the Court of Appeal:
The Court of appeal dismised the claim, considering that Article L. 2315-39 of the Labor Code should be understood as providing an alternative between the second and third colleges, so that there is no strict obligation to appoint an excutive member to seat at the CSSCT.
Response of the French Supreme Court:
The French Supreme Court emphasizes that the provisions of Article L. 2315-39 of the Labor Code are public order provisions and rules that “in companies or establishments where an executive college is set-up, at least one seat on the CSSCT must be occupied by an elected member of the CSE representing the executive college.”
https://www.courdecassation.fr/decision/67bebe52ab77563075a59390