Publié le 03/05/2026

French labour law – contrat d’apprentissage - Immediate Termination of the Apprenticeship Contract by the Apprentice in Case of Serious Employer Misconduct (cass. soc. April 15, 26 (26-70.002)

Article juridique - Droit du travail

The French Court of Cassation (Cour de cassation) issued a ruling on April 15, 2026 (26-70.002), published in the official bulletin, to provide an opinion, at the request of the Versailles Court of Appeal, regarding the possibility of terminating an apprenticeship contract at the initiative of the apprentice when they observe serious misconduct.

The Court of Cassation's opinion was published in the official bulletin due to its importance, as it is likely to apply to numerous disputes.

The Court of Cassation thus held that an apprentice who observes serious misconduct by their employer may acknowledge this misconduct and unilaterally terminate the apprenticeship contract.

I- Facts

An apprentice had entered into an apprenticeship contract as part of her BTS (Advanced Vocational Diploma) training from August 30, 2021, to August 25, 2023. By letter dated April 25, 2022, she notified the employer of her resignation due to the deterioration of her working conditions.

She then filed a claim with the Labor Court (CPH) on August 29, 2023, seeking to have her resignation reclassified as a dismissal without just cause.

The Labor Court dismissed her claims, and she appealed the decision.

The Court of Appeal, considering the issue novel and complex given the differing interpretations among the various Courts of Appeal, requested the opinion of the Court of Cassation and deferred its ruling.

II- Means

According to Article L.441-1 of the Code of Judicial Organization, the courts of the judicial system may request the opinion of the Court of Cassation when they are called upon to rule on a new question presenting a serious difficulty, arising in numerous disputes.

The question posed by the Versailles Court of Appeal to the Court of Cassation is as follows: "Can an apprentice's formal notification of termination of their apprenticeship contract be considered a valid means of ending the contract when the apprentice cites serious breaches by the employer?"

The Court of Cassation reiterates that, according to Article L.6222-18 of the French Labor Code, an apprenticeship contract can be terminated by either party during the first 45 days of practical training.

After this period, written agreement from both parties is required. Failing such agreement, the apprenticeship contract can only be unilaterally terminated in cases of force majeure, serious misconduct by the apprentice, unfitness for work as determined by the occupational physician, or the death of the apprenticeship supervisor in the case of a sole proprietorship.

In the case of termination initiated by the apprentice, the apprentice must first contact the mediator. After contacting the mediator, the apprentice must wait five calendar days before informing the employer of their intention to terminate the contract, according to Article D. 6222-21-1 of the French Labor Code, established by Decree No. 2018-1231 of December 24, 2018. This notification can be made by any means that provides proof of the date.

The apprentice must then wait seven calendar days following notification of the employer's intention to terminate the contract for the termination to take effect.

III- Solution

The Court of Cassation held that, if serious breaches by the employer were observed, it was possible for the apprentice to terminate the apprenticeship contract at the apprentice's initiative, without having to observe the various procedures stipulated (referral to the mediator, 5-day notice period, then 7-day notice period):

"While these provisions require a notice period and referral, as appropriate, to the consular mediator or the mediation service, the apprentice may nevertheless terminate the apprenticeship contract immediately when they cite serious breaches by their employer that make it impossible to continue the contract, without this termination being considered a constructive dismissal. It is then up to the judge, taking into account the alleged breaches, to assess their seriousness and to rule on the employer's responsibility for the termination, as well as on the awarding of damages." »

IV- Analysis

In its ruling, the Court of Cassation has, for the first time, ruled that an apprentice can unilaterally terminate their contract after the initial 45 days of training if they observe serious breaches by their employer, without needing to contact the mediator and then observe the notice periods stipulated in Article D. 6222-21-1 of the French Labor Code.

Indeed, Article L.6222-18 of the French Labor Code does not recognize serious breaches as grounds for termination.

This ruling is therefore protective, as it establishes a case-law-based exception to the procedure of contacting the mediator and respecting the notice period, allowing for immediate termination of the contract in order to avoid keeping the apprentice in conditions they deem degraded or even dangerous.

Under the law prior to the Court of Cassation's opinion of April 15, an apprentice who observed serious breaches of the employer's safety obligations, for example, would have had to remain in that position while contacting the mediator and then observing the notice period established by the decree of December 24, 2018 (No. 2018-1231).

It should be noted that the Court of Cassation does not recognize the right of apprentices to terminate their apprenticeship contract by mutual agreement; it expressly states this in its opinion: "The apprentice may nevertheless terminate the apprenticeship contract immediately when they cite serious breaches by their employer that make it impossible to continue the contract, without this termination being considered a constructive dismissal." However, the rules that apply under this opinion are similar to those governing constructive dismissal: when the apprentice observes serious breaches by the employer, they may terminate the apprenticeship contract immediately if these breaches make it impossible to continue the contract. It is then up to the trial judge to assess the seriousness of the alleged breaches in order to award the corresponding damages to the apprentice.

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