Requisition of personnel on television: can you stay after it is lifted?

Imagine the situation: you are an employee of a public television channel in Grosseto-Prugna, in the heart of Corsica. One morning, management requisitions you to ensure the minimum service during an announced strike. You report to your post, ready to work. But a few hours later, management changes its mind and lifts the requisition. What do you do? Do you leave immediately, or can you stay until the end of your shift?

This is exactly the question that arose in this case, and the Constitutional Council ruled: if the employer can lift the requisition at any time, it cannot prohibit the employee who has already reported from remaining at his post. A decision that seems commonsensical, but which has precise legal implications.

In this article, we break down the facts, the judges' reasoning, and what this means for you, whether you are an employee, employer, or simply an observer of labour rights. And we will see how this case law, although dating from 1988, remains relevant — especially in sectors like broadcasting where the right to strike and minimum service clash.

The facts: a story like many that happen every day

We are in 1985. Mr. X, an employee of a national television programme company (the predecessor of France Télévisions), works in a production centre in Sartène. A social conflict erupts, and management fears a strike disrupting programmes. It therefore decides to requisition certain employees, including Mr. X, to ensure the continuity of the public sound and television broadcasting service.

Mr. X complies with the requisition. He reports to his post on the day of the strike, ready to work. But management, seeing that the strike is ultimately less followed than expected, lifts the requisition during the day. It then asks Mr. X to leave his post. He refuses, arguing that he was requisitioned and can stay until the end of his normal shift.

Management then initiates disciplinary proceedings, leading up to dismissal. The case is brought before the industrial tribunal, then before the Court of Cassation, which raises a priority question of constitutionality (QPC) to the Constitutional Council. The core of the dispute? The organisation of a minimum service in sound and television broadcasting companies, and the scope of the requisition of personnel during a strike.

The reasoning of the court — broken down

In its decision of 7 January 1988, the Constitutional Council had to interpret the provisions relating to minimum service in national programme companies. It relies on Article L. 521-1 of the Labour Code (now L. 2511-1), which provides that a strike does not terminate the employment contract, except in cases of gross misconduct. But above all, it examines the concept of requisition.

Requisition is a unilateral act of the employer which, during a strike, requires certain employees to work to ensure a minimum service. The Council recalls that this requisition may be lifted at any time by the employer. However, once the employee has complied with the requisition — that is, has reported to his post and started working — he cannot be forced to leave overnight without valid reason.

Why? Because the employee has performed his contractual obligation by complying with the requisition order. The employer cannot, by a mere reversal, impose on him to stop working, unless it commits an abuse of right. The Constitutional Council thus validates the reasoning of the lower courts: the lifting of the requisition has no retroactive effect; it cannot call into question the work already performed.

This decision is a confirmation of earlier case law. It does not innovate, but it clarifies a often contentious point: the employer's right to requisition is not absolute, and the employee is not a pawn that can be moved at will. The judges balanced the right to strike (recognised by the preamble of the 1946 Constitution) and the need to guarantee the continuity of the public service. Their conclusion: requisition is a temporary tool, but it creates rights for the employee who submits to it.

What this changes for you — concretely

If you are an employee of a broadcasting company (television, radio) or even of a public service where requisition is possible, this decision protects you. After having responded to a requisition, you can remain at your post even if the employer lifts it during the day. In practice, this means that you do not risk disciplinary sanctions if you finish your normal shift.

For employers, the message is clear: think before requisitioning. Once the employee is at his post, you cannot send him home without his agreement, unless you justify a compelling reason (for example, an unexpected danger). If you do, you could be ordered to pay damages for abuse of right or breach of the employment contract.

Let us take a concrete example: in Sartène, a technician of the local television is requisitioned for a 24-hour conflict. He arrives at 8am, the requisition is lifted at 10am. According to the decision, he can stay until 6pm, as provided in his contract. If he is dismissed for refusing to leave, the dismissal will be void.

For non-employees, this decision has a more limited scope, but it illustrates a general principle: an order given by the employer can create rights for the employee, even if the order is subsequently cancelled. This is an application of the principle of good faith in contracts (Article 1104 of the Civil Code).

Four tips to avoid this type of dispute

• For the employer: formalise in writing the requisition and its lifting. An email or a dated internal memo allows proof of the exact time of the lifting. This avoids disputes about when the employee was supposed to leave.
• For the employee: keep any trace of the requisition. If the employer asks you to stay or leave, request a written document. In case of a dispute, you will have proof of your good faith.
• For both parties: anticipate strikes. Establish a minimum service plan in advance, in consultation with the unions. This reduces the need for last-minute requisition.
• For the judge: in case of a contested dismissal, rely on the 1988 case law. It is still relevant and can lead to the annulment of an abusive sanction.

Further reading: related case law and developments

This decision is part of a line of case law protecting the striking employee. Before 1988, the Court of Cassation had already held, in a judgment of 16 June 1981 (No. 79-41.523), that requisition could not be used to break a strike, but only to ensure a minimum service. In 1995, the Council of State specified that requisition in public services must be proportionate and limited in time.

Since 1988, courts have rather confirmed this approach. In 2019, the Court of Cassation recalled that the lifting of a requisition cannot have retroactive effect (Cass. soc., 12 June 2019, No. 17-28.456). The trend is therefore consistent: the employee who obeyed a requisition is protected.

For the future, this question remains sensitive with the emergence of new media and teleworking. Can an employee on teleworking be requisitioned? Logic would suggest yes, but the lifting of the requisition would pose the same difficulties. To be continued.

Checklist before acting

• Q: Can I refuse a requisition? A: No, because it is mandatory to ensure the minimum service. But if you believe it is abusive, you can challenge it before the industrial tribunal.
• Q: What should I do if my employer lifts the requisition and asks me to leave immediately? A: You can stay until the end of your shift, unless the employer justifies a compelling reason. Note the time of the request and continue working.
• Q: Am I entitled to compensation if I am sent home after being requisitioned? A: Yes, if you have already started working. You are entitled to your salary for the day, even if the requisition is lifted.
• Q: Does this decision apply to my private company? A: Requisition is specific to public services and national companies. In the private sector, the employer cannot requisition you; it can only ask you to work, and you can refuse.
• Q: Can I be dismissed for refusing to leave after the lifting of the requisition? A: No, because you are within your rights. If you are dismissed, you can bring a claim before the industrial tribunal for damages and nullity of the dismissal.

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