In a ruling from March 5, 2025, the French Court of Cassation reminds employers that they must consult the employee representatives (CSE) about potential reclassification options before initiating a dismissal procedure for incapacity, even if no position is available to offer.
This obligation, stemming from the 2016 Labor Law, now applies to all types of incapacity, whether professional or not. Therefore, even if reclassification is impossible, consulting the employee representatives remains mandatory.
In summary:
The lack of a reclassification proposal does not exempt the employer from this consultation.
Failure to comply with this obligation renders the dismissal unjustified.
Only a few exceptions allow an employer to bypass this requirement, such as an explicit exemption from the occupational physician or the absence of a CSE.
This decision underscores the importance of following legal procedures for dismissals due to incapacity to ensure the process is legally sound.
