OD FLASH | Right to Strike, Collective Bargaining, and Dismissal for Serious Misconduct

Court of Cassation, Civil Division, Labor Chamber, April 15, 2026, No. 25-12.005, Unpublished – Légifrance

An employee had been dismissed for serious misconduct, notably after arriving late at the workplace and refusing to work.

He argued that this refusal to work constituted the normal exercise of the right to strike and, consequently, sought to have his dismissal declared null and void.

The Court of Cassation notes that the normal exercise of the right to strike is not subject to any prior notice, unless otherwise provided by law. It does, however, require the existence of collective labor demands, of which the employer must be aware at the time of the work stoppage, regardless of how this information is communicated.

In this case, several employees arrived late at the site and refused to begin work. However, it was only after the site manager asked them for the reasons for their refusal to work that some employees voiced their grievances.

The Court notes in particular that one of the employees had made wage-related demands on his own behalf, that another had merely expressed solidarity with his colleague, and that the statement submitted made no mention of any demands by the dismissed employee. It also notes that the list of demands was not forwarded to the labor inspectorate until the following day and that it was not demonstrated that it had been drawn up and brought to the employer’s attention at the time of the work stoppage.

Under these circumstances, the demands made on the day the work stoppage occurred were not of a collective nature and had not been brought to the employer’s attention at the time of the work stoppage.

Consequently, a collective refusal to work is not, in and of itself, sufficient to constitute the normal exercise of the right to strike. In the absence of collective labor demands clearly brought to the employer’s attention at the time of the work stoppage, the employee does not benefit from the protection attached to the right to strike, and his conduct may be subject to disciplinary action.