In a ruling issued on November 25, 20201, the Cour de Cassation
(French Supreme Court) reaffirmed the exceptional nature of
co-employment by giving a new definition of its constituent
elements.
This more restrictive definition, which reinforces the
exceptional nature of the situation of co-employment, should have a
deterrent effect on employees wishing to rely on this concept in
court.
Co-employment within corporate groups is a concept developed by
French courts, in particular in the context of disputes with a view
to having a company belonging to a group (the parent company) be
held jointly and severally liable for the financial consequences of
the dismissals on economic grounds (redundancies) implemented by
its subsidiary.
