French Supreme Court, November 27, 2019, n° 19-14224
In a decision dated 27 November 2019, the French Supreme Court provided details on the procedures for appointing the members of the health, safety and working conditions commission (French “CSSCT”), whether this commission is legally mandatory or set up by agreement.
Article L. 2315-39 of the French Labour Code provides that the members of the CSSCT are appointed by the SEC, among its members, by a resolution adopted in accordance with the procedures defined in Article L. 2315-32 (i.e. by the majority of the attending members), for a period ending with the SEC’s term.
The French Supreme Court makes it thus clear that these rules are matter of public policy with no possible way around, even by agreement and even where a CSSCT is not legally required.
A prior resolution of the SEC setting out the modalities of the election is therefore not necessary.