Human Resources

Can a trade union take legal action to defend the individual interests of several employees?

Publié le 05 février 2025 - Directorate for Legal and Administrative Information (Prime Minister)

A trade union may not bring an action before a judge seeking regularization of an individual situation. This is what the Court of Cassation said in a ruling issued on January 22, 2025, published in the Bulletin.

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Image 1Crédits: saltdium - stock.adobe.com

Employees went on strike because of an alleged fault on the part of their employer. The employer refused to inform the employees' representatives of the dangers facing the branch (despite employees' concerns about a potential divestiture project).

At the end of this strike period, a union unsuccessfully asked the employer to pay the wages related to the days of strike. The union took the matter to court and demanded payment of these salaries.

The Court of Appeal dismisses the union’s motion. It considers that its action is not in the collective interest of the profession. The union is going to cassation.

The Court of Cassation follows the appeal decision and confirms that the legal action brought by the trade union did not fall within the defense of a collective interest but several individual interests. Thus, it asserts that only the employees concerned may apply to the courts for the regularization of their pay situation.