Source date: 2026-04-22
Can an apprentice immediately terminate their contract in the event of serious misconduct by the employer? Published on April 23, 2026 - Entreprendre Service Public / Directorate for Legal and Administrative Information (Prime Minister's Office)
In an opinion issued on April 15, 2026, the Cour de cassation provided clarification on the procedures for terminating an apprentice's contract when the apprentice cites serious breaches or misconduct by their employer.
This case involved a dispute between an apprentice and their employer. The apprentice sought to terminate their contract immediately, arguing that the employer had committed serious faults or breaches against them, resulting in a deterioration of their working conditions.
The apprentice took the matter to court, requesting that their constructive dismissal be reclassified as a dismissal without real and serious cause. The labor court (conseil de prud'hommes) ruled that such reclassification was not possible, finding that the apprentice's actions violated legal requirements.
The apprentice then appealed to the court of appeal, which referred the following question to the Cour de cassation: "Can an apprentice's constructive termination of their apprenticeship contract be considered a valid method of termination when serious breaches by the employer are alleged?"
The Cour de cassation responded that, going forward, an apprentice who alleges serious misconduct by their employer may immediately terminate the contract. However, this serious misconduct must make it impossible to continue the apprenticeship contract. Such termination will not be classified as constructive dismissal. Subsequently, it will fall to the judge to assess the severity of the employer's breaches and rule on the validity of the contract termination.
This constitutes an exceptional case of termination. This opinion does not call into question standard apprenticeship contract terminations, which require the involvement of a mediator and compliance with notice periods.
Constructive dismissal allows an employee to immediately terminate their contract when they believe that serious breaches by their employer make it impossible to continue the employment relationship.
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Source: Service-Public professionals
