Background
Toray Carbon Fibers Europe hired Mr. [I] as a production operator under a fixed-term contract running from April 20 through December 31, 2011. His employment continued under an indefinite-term contract beginning January 1, 2012. Since December 2020, he had served on the Permanent Joint Committee for Negotiation and Interpretation (CPPNI) for the chemical and related industries sector, and he was made available to the CGT National Federation of Chemical Industries under a November 2021 agreement.
On April 5, 2024, Mr. [I] was also appointed to the CPPNI for the medical-technical trade and services sector. The company dismissed him on May 31, 2024, citing an objective disruption to its proper functioning. He brought expedited proceedings before the labor court on June 7, seeking reinstatement and wages accruing from his removal. The Pau Court of Appeal ordered his reinstatement and monthly payments until his effective return. During the ensuing appeal, the Court of Cassation referred a constitutional question concerning Labor Code Article L. 2234-3; the Constitutional Council upheld that provision on February 6, 2026.
The Court’s Holding
The Court of Cassation rejected the company’s appeal. Reading Labor Code Articles L. 2251-1 and L. 2234-3 together, and considering the legislative history of the May 4, 2004 law, the Court held that employees serving on joint professional committees created by collective agreement receive the dismissal protection afforded to union delegates under Article L. 2411-3. That protection applies without distinguishing between local and national committees.
The protection also applies when the collective agreement establishing the committee is silent about dismissal safeguards. Because Mr. [I] was a member of the two branch-level CPPNIs and the company dismissed him without prior administrative authorization, the dismissal constituted a manifestly unlawful disturbance. The appellate court therefore properly ordered his reinstatement. The Court also ordered the company to pay costs and €3,000 to Mr. [I] under Article 700 of the Code of Civil Procedure.
Key Takeaways
- Employees serving on joint professional committees created by collective agreement receive the statutory dismissal protection applicable to union delegates.
- The protection covers members of national, branch-level committees as well as members of local, departmental, or regional committees.
- The protection applies even if the collective agreement creating the committee does not expressly provide for it, and dismissal without administrative authorization can support expedited reinstatement.
Why It Matters
The ruling clarifies that the protected-employee regime is not confined to the geographically limited committees expressly referenced in Article L. 2234-3. Employers must account for an employee’s membership in national or branch-level joint committees before proceeding with dismissal.
The decision also prevents silence in a committee’s founding collective agreement from eliminating statutory protection. A failure to obtain the required administrative authorization may render the dismissal manifestly unlawful and expose the employer to reinstatement and continuing wage liability.