Publié le 04/11/2025

French labour law - Dismissal of an employee refusing a modification of their contract through a Collective Performance Agreement: the judge reviews the genuine and serious cause (cass. soc. Sept 10th, 2025, 23-23.231)

Article juridique - Droit du travail

In a decision dated September 10th, 2025 (23-23.231) published in the official bulletin, the French Supreme Court (Cour de Cassation) affirms that it is the judge's responsibility to assess the genuine and serious nature of the reason for dismissal of an employee who refused a modification of their employment contract resulting from the application of a Collective Performance Agreement (APC).

This assessment is made with regard to the compliance of this Collective Performance Agreement (APC) with the provisions of Article L2254-2 of the French Labor Code and its justification by the existence of the company's operational needs, without requiring that the modification, refused by the employee, be a consequence of economic difficulties, technological changes, a company reorganization necessary to safeguard its competitiveness, or a complete cessation of the employer's activity.

This decision should be upheld.

1) Analysis.

A Collective Performance Agreement is a collective agreement allowing for the negotiation of measures in three areas exhaustively listed by law:

• the organization of employees' working hours;

• the organization of their remuneration;

• the determination of the conditions of their professional or geographical mobility within the company.

If an employee refuses the application of the APC, they may be dismissed for

a sui generis reason that constitutes a genuine and serious cause, and according to the procedure for dismissal for personal reasons.

In this decision, the Court of Cassation affirms that it is the judge's responsibility to assess the genuine and serious nature of the grounds for dismissal of an employee who refused to accept a modification to their employment contract resulting from the implementation of a collective performance agreement (APC).

The Social Chamber states that it is the judge's responsibility to assess the genuine and serious nature of the grounds for dismissal of an employee who refused to accept a modification to their employment contract resulting from the implementation of an APC, with regard to the agreement's compliance with the provisions of Article L2254-2 of the French Labor Code and its justification by the operational needs of the company. This assessment does not require that the modification refused by the employee be due to economic difficulties, technological changes, a company reorganization necessary to safeguard its competitiveness, or a complete cessation of the employer's activity.

In other words, the judge must determine whether the conclusion of the APC is necessary due to the operational needs of the company. In a ruling dated December 2, 2020 (19-11.986) concerning an internal mobility agreement, the Court of Cassation used the same reasoning and stated:

“It is for the judge to assess the genuine and serious nature of the grounds for dismissal following this refusal, with regard to the conformity of the mobility agreement with the provisions of Articles L2242-21, L2242-22, and L2242-23 of the French Labor Code and its justification by the existence of the operational needs of the company, without it being necessary for the modification, refused by the employee, to be a consequence of economic difficulties, technological changes, a reorganization of the company necessary to safeguard its competitiveness, or a complete cessation of the employer's activity” (see our article “Dismissal Following Refusal of an Internal Mobility Agreement: What Judicial Review?”). This case law, which guarantees employees even limited review of the genuine and serious cause of their dismissal, is to be welcomed, even if the legislature has made it a a sui generis dismissal.

Pour lire l’intégralité de la brève, cliquez sur le lien ci-dessous

https://www.village-justice.com/articles/apc-licenciement-salarie-refusant-modification-son-contrat-par-apc-juge,54993.html

Sources.