Labor law alert - Employee representatives: new limits on compensation for time spent on union duties

The hours spent by employee or union representatives on union business must be paid as actual working time and must not result in any loss of pay (Labor Code, Articles L. 2315-10 and L. 2143-17).

In two decisions dated October 1, 2025 (Nos. 23-17.765 and 24-14.997), the Court of Cassation specified that allowances corresponding to reimbursement of professional expenses do not have to be maintained as remuneration for delegation hours, since the employee representative did not have to bear such expenses.

1. In the first case, a postman, who held several positions, claimed payment of a meal allowance for his delegation hours. This allowance was intended to compensate for meal expenses incurred before his round, due to the constraints of his position.
2. The second case concerned an annual bonus and on-call and continuous service allowances provided for in a company agreement, compensating for specific constraints of the job.

The Court specifically ruled that “while a staff representative or union representative cannot be deprived, due to the exercise of their mandates, of the payment of an allowance compensating for a particular constraint of their job, which constitutes a supplement to their salary, they cannot, on the other hand, claim payment of sums corresponding to the reimbursement of professional expenses that they have not incurred.”

On the other hand, the Court also points out that an employee holding office cannot be deprived, because of the exercise of his office, of a social benefit attached to his job or compensating for a constraint inherent in his job. Thus, the suspension of the active service rate after four years in office constitutes prohibited discrimination, as it penalizes the employee because of his representative activity.