France: Employer’s efforts to accommodate employees in the context of redeployment have limits (Cass. soc., 20 January 2015, n°13-25613)

By Alexandra Stocki, Benjamine Fiedler


The Company is not bound to offer the employee posts which require completely different training.

This ruling is in line with previous case law of the Cour de Cassation. Although the employer has a duty to ensure that employees adapt to evolutions in their employment, giving them access to extra training as required, the employer cannot be bound to furnish them with a new qualification to enable them to access a vacant post in a higher category (Cass. soc. 17 May 2006, n°04-43.022), nor to provide initial training which they lack (Cass. Soc. 2 July 2014, n°13-13.876).