Labor Law Newsletter, May 2025
Regulatory Section
New procedure for issuing driver’s licenses and electrical certifications
Effective October 1, 2025, the issuance of a driver’s license or electrical certification will no longer depend on a fitness-to-work opinion, but rather on a medical certificate confirming the absence of contraindications, issued by the occupational physician following a specific examination.
Valid for five years, this certificate will replace the enhanced individual monitoring and must be retained by the employer, while also being included in the employee’s medical file. In the event of a refusal to issue the certificate, the employer or the employee may refer the matter to the labor court, which will decide, possibly after consulting a labor inspector. The certificate templates will be specified by decree.
As a transitional measure, fitness-to-work certificates issued through September 30, 2025, will remain valid for five years. Employers are therefore advised to identify the affected employees now to prepare for upcoming medical deadlines.
Text : Decree No. 2025-355 of April 18, 2025, concerning the individual monitoring of workers’ health, as well as driving authorization and certifications to perform certain operations provided for in Articles R 4323-56 and R 4544-9 of the Labor Code.
Launch of a secure service for managing CPF contributions
The decree of April 16, 2025, which took effect on April 17, 2025, establishes an online service for managing employer contributions to the Personal Training Account (CPF), operated by the Caisse des Dépôts et Consignations (CDC) via the “Mon Activité Formation,” which facilitates the management of these contributions by making them more transparent and easier to use. The CDC is responsible for collecting, allocating, and crediting the funds to CPF accounts, in accordance with the general terms and conditions of use established by the agency.
Article R. 6323-42 is amended and establishes the new procedures for the allocation, payment, and reimbursement of amounts corresponding to supplementary entitlements.
A new Article R. 6323-42-1 of the Labor Code provides that funding entities may strictly regulate the use of employer contributions by targeting specific training programs or imposing a time limit, while taking into account the actual time required to complete the training activities.
Text : Decree No. 2025-341 of April 14, 2025, regarding the procedures for making additional contributions to the personal training account.
DDADUE Act of May 2, 2025
Law No. 2025-391 of April 30, 2025, on various provisions for alignment with European Union law, was published in the Official Journal on May 2, 2025.
The DADDUE Law includes several provisions relating to social matters:
- the procedures for consulting the Social and Economic Committee (CSE) on sustainability matters are clarified, and the timeline for these obligations is postponed,
- the conditions for issuing the European Blue Card, intended for third-country nationals in highly skilled employment, are relaxed to bring French law into compliance with a directive of October 20, 2021,
- class action lawsuits—legal actions brought by an association or union on behalf of a group of individuals—are extended to cover all instances where an employer fails to meet its legal and contractual obligations. This extension applies to lawsuits filed on or after May 3, 2025.
In 2025, labor inspections will focus on the abusive use of temporary contracts
The administration states that inspections will begin in May 2025 and last for six months. Follow-up actions and re-inspections will continue through June 2026 to allow companies to comply with regulations and address any violations identified, particularly through plans to reduce job insecurity and secure long-term employment.
The document released by the Ministry of Labor aims to raise awareness and remind members of the Social and Economic Committee (CSE) of their responsibilities and means of action regarding the use of precarious employment in their companies.
Case Law Section
An employer’s duty to ensure safety is fulfilled when the employer responds to an employee’s suffering at work
An employer who only became aware of the employee’s distress at a late stage but who arranged for medical follow-up with the occupational physician and the human resources director, as well as an internal investigation to understand the difficulties encountered, weekly meetings with human resources, regular monitoring of her situation, and the opportunity to consult a psychologist, has fulfilled its duty of care.
The Court of Cassation found that the employer demonstrated that it had taken various measures as soon as it became aware of the employee’s difficulties, in order to ensure her safety and protect her physical and mental health in accordance with its duty of care.
Decision: Cass. Soc. 9-4-2025, n° 23-22.121
Dismissal for serious misconduct of an employee due to lack of a degree
The Court of Cassation ruled on the dismissal for serious misconduct of an employee who did not possess the required degree to work as a pharmacy technician. In this case, the employee had concealed her lack of qualifications, which exposed the employer to criminal prosecution.
The Court rejected her claim for damages for dismissal without real and serious cause, ruling that she could not claim good faith given that she had concealed her lack of a diploma.
Decision: Cass. Soc. 26-3-2025, 23-21.414
Authorization for a mutually agreed termination for a protected employee
The Court of Cassation heard a case concerning the mutual termination of a protected employee’s assignment contract. The employee, who had been assigned to EDF by a temporary staffing agency, had signed a mutual termination agreement while serving in several employee representative and union leadership roles.
The Court noted that, pursuant to Article L. 2413-1 of the Labor Code, the termination or non-renewal of a protected employee’s assignment may not occur without the prior authorization of the labor inspector. However, it clarified that this requirement does not apply when the termination is by mutual agreement and a new assignment contract is entered into under the conditions set forth in Article L. 1251-26 of the Labor Code.
In this case, the employee had indeed signed a new assignment contract in compliance with these conditions, which eliminated the need for administrative authorization to terminate the previous contract.
The Court of Cassation therefore dismissed the employee’s appeal and confirmed that the amicable termination of the assignment contract, under these circumstances, was not subject to authorization by the labor inspector.
Decision: Cass. Soc. 12-3-2025 n° 22-23.460
Senior Executive Status
An employee, hired as a manager of safety, environment, and operational risks, argued that he could not be classified as a senior executive, contending that he remained subject to the supervision of several superiors and had not been formally delegated any authority.
The Court of Cassation, however, held that the employee had significant responsibilities as well as broad autonomy in organizing his work, which was sufficient to characterize his status as a senior executive. Consequently, his claim for back pay for overtime was dismissed.
Thus, the Court reiterates that the status of a senior executive is based on broad autonomy in the organization of work and the exercise of extensive responsibilities.
Decision: Cass. Soc. 19-3-2025, n°24-10.172
The transfer of sensitive data to a personal email account
The company terminated an employee with 25 years of service for serious misconduct, on the grounds that she had transferred sensitive and confidential data to her personal email account, thereby violating the applicable IT security rules and code of ethics, as well as her duty of confidentiality.
The Court of Cassation ruled that the dismissal was without real and serious cause, since the employee had not transmitted the information to anyone outside the company and had never been subject to disciplinary action during her career.
Decision: Cass. Soc. 9-4-2025, n°24-12.055
Scope of the CSE’s Certified Public Accountant’s assessments of the economic situation and strategic directions
A company challenged the terms of reference provided by the CSE’s certified public accountant for conducting an expert assessment of the company’s strategic direction and its economic and financial situation, and criticized the court that had dismissed its claims for having ruled that these expert assessments were to be conducted at the group level.
The Court of Cassation dismissed the company’s appeal and held that these two expert assessments may indeed concern the situation and role of the company within the group to which it belongs.
Decision : Cass. Soc. 9-4-2025, 23-16.503
