Social and cultural activities and seniority requirements
Social and cultural activities and seniority requirements
In a judgement delivered on April 3, 2024, the French Supreme Court (“Cour de cassation”) decided that the utilization of a seniority prerequisite to gain access to all or a part of the social and cultural activities of a Social and Economic Committee (“CSE”) is no longer permissible. .
After recalling articles L. 2312-78 and R. 2312-35 of the French Labor Code, the court explained that “the entitlement of all employees and interns within the company to benefit from social and cultural activities cannot be dependent on a seniority requirement”. This verdict thus mandates CSEs to cease their current practice and eliminate this now unlawful criterion.
To date, the 2024 Urssaf guide continues to suggest that the advantage of social and cultural activities can be “allocated exclusively to employees with seniority, up to a maximum of six months”. It would be judicious to disregard this assertion, which lacks legal grounds. It is highly probable that this guide will be amended to reflect this new case law.