A French court clarified employer obligations for CSSCT meetings, emphasizing procedural compliance and topic relevance.
French court clarifies CSSCT meeting rules
A French court has clarified the obligations of employers regarding the convocation of extraordinary meetings of the CSSCT, a committee within the CSE (Comité Social et Économique) responsible for health, safety, and working conditions. The ruling addresses a case where an employer refused to hold such a meeting after two elected officials requested it, arguing the proposed topics were outside the committee's responsibilities.Court of Cassation overturns earlier ruling
The Court of Cassation has since censured the earlier reasoning from the Lyon Court of Appeal, which had ruled in favor of the elected officials. The higher court emphasized that employers must comply with such requests if they are made by authorized personnel and are motivated, and if they concern issues related to health, safety, or working conditions.Legal basis for extraordinary meetings
The decision is based on Article L2315-27 of the Labor Code, which allows for the request of extraordinary meetings by two members of the personnel delegation of the CSE on issues related to health, safety, or working conditions. The ruling does not create a general legal regime for such meetings but relies on the applicable collective agreement and the Labor Code.Specific role of the CSSCT
The court underscored the specific role of the CSSCT, which is a committee within the CSE that may delegate responsibilities related to health, safety, and working conditions but cannot assume consultative functions or use an expert. The court distinguished between the employer's inability to substitute its own assessment for that of the elected officials on the opportunity of a meeting and its ability to challenge the motivated nature of the request or the link between the proposed topics and health, safety, or working conditions.Guidance for elected officials and employers
For elected officials, the ruling emphasizes the strategic importance of drafting a request that clearly identifies authorized signatories, states the reasons for the meeting, and links each topic to health, safety, or working conditions. Employers are reminded that refusals cannot be based on a simple assessment of the meeting's usefulness but must consider procedural compliance, the motivation of the request, and the real link between the proposed topics and the relevant areas. If the conditions are met, a refusal may be considered a manifestly illegal disturbance, punishable in a reference proceeding.
