In a ruling dated January 14, 2026 (24-15.443) published in the official bulletin, the French Supreme Court (Cour de cassation) affirmed, for the first time, that union representatives on group works councils, established by collective agreement, as employee representative bodies of the same nature as union representatives on the social and economic committee (CSE) as provided for in the French Labor Code, benefit from protected status.
Their dismissal must be authorized by the labor inspectorate.
1) Analysis
Employee representative bodies established by collective agreement grant their members the benefit of the special protective procedure provided for employee representatives and trade unions, when they are of the same nature as those provided for by the French Labor Code (Soc., October 23, 2007, appeal no. 06-44.438, Bull. 2007, V, no. 174).
A Clear Channel France group committee was established pursuant to a collective agreement dated June 26, 2003, signed between the company and the representative trade unions, and the employee was appointed as a union representative to the group committee by the union.
The union representative on the group works council, established by collective agreement, as a staff representative body of the same nature as the union representative on the social and economic committee provided for by the French Labor Code, benefits from the protective status granted to the latter by Articles L. 2411-1 and L. 2411-5 of that Code.
The Versailles Court of Appeal concluded that the employee, appointed as a union representative on the group works council, was protected against dismissal. Therefore, the dismissal, pronounced without prior administrative authorization, violated this protected status, thus justifying the awarding of compensation to the employee.
This is the first time the Court of Cassation has reached this conclusion.
This ruling should be upheld.
To read the full article, click on the link below.
Source :
Cass. soc.14 janvier 2026, 24-15.443 publié au bulletin de la Cour de cassation
https://www.courdecassation.fr/decision/69673dedcdc6046d473a2585
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
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