Employers lose discretion over CSSCT meetings

The Court of Cassation ruled in September 2026 that employers can no longer refuse an extraordinary meeting of the health, safety, and working conditions commission (CSSCT) if it is deemed "useless" by the employer. This decision limits the ability of employers to decline such meetings based on their own judgment.

Legal case sets new conditions

In a case reviewed by the Court of Cassation, an employer refused an extraordinary CSSCT meeting, claiming the proposed topics were unrelated to health and safety. The court overturned the employer’s refusal but established three conditions for such meetings to be mandatory: the request must come from authorized individuals, be motivated, and concern health, safety, or working conditions.

Employers retain limited checks

Employers can still verify that a request follows the agreed procedure and require a clear justification for the meeting. They can also challenge the relevance of a topic to health and safety, especially if it is purely budgetary or commercial. The CSSCT’s responsibilities are defined by the CSE (Company Social Committee) under the Labor Code.

Refusing a meeting carries risks

Employers who refuse a CSSCT meeting based on the belief that it is redundant or poorly timed now risk legal consequences. These include potential fines, ordered summons, and damages. The social climate in the company may also suffer, even for a meeting that would only take two hours.

Organizational changes needed

The ruling emphasizes the importance of procedural rigor in managing CSSCT meetings. Companies that have carefully structured their CSSCT agreements and documented their decisions are better prepared. Employers are encouraged to review their agreements, respond to requests in writing, and train those involved in the CSSCT process.