French Employment law - Rupture conventionnelle involving a protected employee subject to psychological duress vitiating consent = authorization by the Labor Inspectorate not possible (CE, July 24th, 26, 505713)

The existence of acts of psychological harassment or trade union discrimination committed by the employer against a protected employee does not, in itself, preclude the Labor Inspectorate from authorizing a mutual termination agreement—unless, in the specific case at hand, such acts vitiated the employee's consent.

An individual mutual termination agreement (RCI) signed with Société Générale by an employee with protected status (due to their role as a member of the Social and Economic Committee, or CSE) cannot be authorized if it was signed in a context of psychological duress that vitiated the employee's consent.

This was the ruling of the Council of State on July 24, 2026 (decision No. 505713).

I- Analysis.

When signed by a protected employee, an RCI must be authorized by the labor inspector, who ensures, among other things, that the employee's consent was not vitiated.

Indeed, an RCI is a contract and can therefore be challenged on grounds of nullity if consent is vitiated.

The Toulouse Court of Appeal had previously ruled in 2023 in favor of declaring an RCI void due to vitiated consent, as the employee had not been granted the mandatory cooling-off period.

In the present case, a defect in the employee's consent was upheld because the employee had been subjected to psychological duress resulting from management conditions at the time they agreed to sign the RCI.

Until now, case law had never annulled an RCI on the grounds of psychological duress vitiating the individual's consent. It must be emphasized that the refusal to authorize the negotiated termination (RCI) occurred against a backdrop of "psychological abuse" experienced by the employee at work—stemming from harassing management practices by their superior—which led to a deterioration in health and resulted in multiple periods of sick leave.

In the case at hand, the Council of State found a defect in the employee's consent, ruling that they could not validly agree to such a termination; the report they had received, combined with Société Générale’s inaction, eliminated any hope of improved working conditions, leaving the employee with no choice but to request a negotiated termination.

An individual negotiated termination agreement (RCI) could thus be annulled if the employee who signed it was subjected to harassment (psychological or sexual), provided that this vitiated their consent.

Indeed, case law consistently holds that, absent a defect of consent, the mere existence of psychological harassment does not in itself invalidate the termination agreement.

It is therefore up to the employee—who alleges a defect of consent to support a request to annul the RCI—to demonstrate the alleged defect and its link to the signing of the agreement.

A defect of consent due to psychological duress is recognized in this context even if no direct pressure was exerted on the employee to leave the company.

The individual negotiated termination agreement is consequently annulled and takes effect as a dismissal without real and serious cause, entitling the employee to compensation under the "Macron scale."

To read the full article, click the link below.

https://www.village-justice.com/articles/rupture-conventionnelle-salarie-protege-situation-violence-morale-ayant-vicie,59022.html?mtm_source=dlvr.it&mtm_medium=linkedin&mtm_campaign=RSS_Reseaux

Sources.

• Conseil d’État, 4ème - 1ère chambres réunies, 24/07/2026, 505713
• Article L1237-14 C.trav.
• Article L1237-15 C.trav.
• CA Toulouse, 4e ch. sect. 1, 26 mai 2023, n° 21/04956 [1]
• Article L1235-3 C.trav
• Rupture conventionnelle d’un salarié protégé conseiller du salarié : quand le salarié peut-il se prévaloir de la protection liée à son mandat ?
• Négociation d’une rupture conventionnelle : guide de survie pour les salariés, cadres, cadres dirigeants
• En cas d’annulation de l’autorisation administrative, la rupture conventionnelle d’un salarié protégé est nulle
• Salariés, Cadres, cadres dirigeants : 10 conseils d’un avocat avant de négocier votre rupture conventionnelle [2].

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

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