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French Court of Cassation (Cour de Cassation française), No. 83-45.409, 29 Mai 1986

Type Judgment
Case number 83-45.409


Dismissal of the employee motivated in his refusal to undergo a company medical examination for religious reasons. There is no discrimination on religious grounds.

Normative references

L. 122-14-3 et seq. Of the French Labor Code, relating to individual dismissals reformed by the law of 13 July 1973

Art. 255 of the French Code of Civil Procedure


While working, the employee is subject to the full authority of the employer, and therefore he cannot require his employer to respect the manifestation of his religious convictions, in the absence of explicit mention in the employment contract. Consequently, the refusal to undergo the annual medical checkup arranged by one's company for religious reasons, does not constitute grounds for discrimination, and therefore can be considered just cause for dismissal by the employer.