Employment law alert : Can an employee refuse to apply a collective performance agreement (APC)?

In a ruling dated 21 January 2026 (No. 24-10.512), the Court of Cassation ruled for the first time on the effects of a collective performance agreement (APC) modifying the maximum number of days worked specified in a pre-existing individual fixed-day agreement.

In this case, an employee had entered into an individual annual fixed-day agreement in 2010 setting the number of days worked at 207 days. In 2018, a collective performance agreement (APC) was concluded within the company, increasing the number of days worked under the annual fixed-day agreements from 211 to 212 or 213 days, depending on the categories of employees concerned.

The employee expressly refused the increase in the number of days worked compared to his initial individual agreement. However, the employer considered that the employee's working hours were now based on the APC agreement and no longer on his contract, so that the APC agreement was binding on him with or without his agreement.

The employee brought the case before the labour court to seek the judicial termination of his employment contract on the grounds of fault on the part of the employer, who had imposed a change to his employment contract.

The Court of Cassation first pointed out that an annual fixed-rate agreement in days must specify the number of days worked. It concluded that any change in the number of days worked constitutes a change in the employment contract, which cannot be imposed unilaterally by the employer without the express consent of the employee.

Consequently, the employee could legitimately refuse to apply the APC, insofar as it increased the number of days in his annual fixed rate.

Link to the judgment: https://lnkd.in/ePakNyeP