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The consultation of the employee representatives on work resumption of disabled workers does not apply to individual cases

French Supreme Court, June 5, 2019, n°18-12.861

Pursuant to articles L. 2323-30 and L. 4612-11 of the French Labor Code, the works council and the health and safety committee are consulted on measures facilitating disabled workers’ returning to work. Such consultation is not required for each case individually.

In the case at hand, an employee recognized as a disabled worker filed a claim before the labor court claiming damages for constructive dismissal. The employee alleged that, despite his status as a disabled worker, no consultation had been carried out regarding the conditions for his return to work in accordance with Articles L. 2323-30 and L. 4612-11 of the French Labor Code.

Both the Court of Appeal and the French Supreme Court dismissed the employee’s claim. According to the French Supreme Court, the provisions of these articles do not impose the employer to consult employee representatives on the individual situation of each disabled worker. The consultation concerns general measures taken in favor of disabled workers and not the individual situation of each employee concerned.

This decision referred to the consultation of the works council and the health and safety committee but it will also apply to the social and economic committee (Article L. 2312-8, 5° of the French Labor Code).