OD FLASH | Short-time working: no renewed consultation of the CSE required in the event of a mere modification of the schedule

Court of Cassation, Social Chamber, 21 January 2026, No. 24-20.923

In this case, an employer in the industrial sector, faced with a shortage of semiconductors, implemented a short-time working scheme after obtaining prior authorisation from the Prefect and consulting the Works Council (CSE).

During the implementation period of the short-time working scheme, the employer modified, for a given week, the distribution of full and half-days of short-time working, without altering the total weekly volume of reduced working hours. This modification did not give rise to a new consultation of the CSE.

Considering that its prerogatives had been disregarded, the CSE brought proceedings before the judicial court and was awarded damages for obstruction of its functioning.

The Court of Appeal had held that any modification to the short-time working schedule affecting working conditions and working time required consultation under Article L. 2312-8 of the French Labour Code.

The Court of Cassation overturned this reasoning. It ruled that once the employer has been authorised to implement short-time working following prior authorisation from the Prefect and consultation of the CSE, it is not required to carry out a new consultation in the event of a simple adjustment to the days or half-days concerned, provided that this modification does not affect the authorised weekly volume of short-time working hours.