Industrial tribunal proceedings
Lawyer in Bastia, Lawyer in Corsica, Lawyer in labour law
In the event of a challenge to the presumption of resignation in the event of abandonment of post, the case is brought directly before the judgment office from industrial tribunal (CPH).
It is therefore examined within one month of the appeal to the CPH.
I.- Bringing the case before the industrial tribunal (CPH)
The industrial tribunal settles individual disputes between employers and employees arising from any employment contract.
Is there a time limit for taking a case to the CPH?
What disputes can it handle?
What steps do I need to take to apply?
How much does it cost to enter?
Do I need a lawyer?
We take a look at the regulations.
Either the employee or the employer may refer the matter to the industrial tribunal.
A.- What is the Conseil de prud'hommes?
The industrial tribunal is the only court with jurisdiction to settle any individual dispute between you and your employer.
This dispute may arise while you are working for your employer or when your employment contract is terminated.
B.- Which employees can take their case to the industrial tribunal?
You can therefore take your case to the CPH if you have a private law employment contract. Examples include the following:
-. Employees (journalists, entertainers, models, sales representatives, etc.)
-. Apprentices
-. Maternal and family assistants
-. People on subsidised contracts (employment support contracts, contracts for the future, integration contracts, etc.).
-staff of public industrial and commercial establishments (e.g. RATP and social security fund staff)
An employee who is a minor may be assisted by his or her father, mother or guardian (a person appointed to exercise a measure of protection for a person of full age or a minor (e.g. to represent him or her in everyday acts, to manage his or her property). If the minor cannot be assisted, the CPH may authorise him or her to appear before it alone.
The CPH is therefore not competent to resolve a dispute:
-. on collective labour relations
-or linked to a public law employment contract (the administrative court has jurisdiction).
C.- Which disputes should be referred to the Labour Court (Le procès devant le Conseil de prud'hommes)?
You can appeal to the CPH in the event of an individual dispute relating to, for example :
-. Breach of employment contract
-. Disciplinary action
-. Payment of salary or bonuses
-. Working hours
-. Days of rest or leave
-. Workplace health and safety conditions
-. On presentation of the France Travail (formerly Pôle emploi) certificate, the employment certificate or the final pay receipt
-. Harassment (moral or sexual) or discrimination
-. And at the conclusion of the contract (failure to honour a promise to hire, for example).
D.- What are the time limits for bringing cases before the industrial tribunal (Conseil de prud'hommes)?
For the action to be admissible, you must refer the matter to the CPH within a certain time limit. This varies according to the nature of the dispute. After that time, the facts are time-barred (expiry of a right after a certain period).
-. Action for breach of employment contract
-. Action relating to the performance of the employment contract
-. Contesting a contractual termination
-. Payment of wages
-and harassment or discrimination.
E.- Which industrial tribunal should I refer my case to?
You should therefore contact the CPH :
-the place where the establishment in which you work is located, the place where the employment contract was concluded or the registered office of the company employing you,
-or, if you work from home or outside any establishment, from your place of residence.
F.- What steps should be taken to file a claim with the CPH (Industrial Tribunal)?
So, to make your request, you can submit your application (a formal written document enabling you to bring a case before a court) on plain paper or fill in the application form for referral to the CPH.
It can only be submitted by way of a petition, i.e. a complaint made to the judge with the aim of settling the dispute with your employer.
Your application can be sent to the clerk's office (a court department staffed by civil servants who assist the magistrates in their work) of the CPH by post (registered or not). It can also be submitted directly to the clerk's office.
Your application, dated and signed, must include the following information:
-. Your contact details (surname, first name, address)
-. Defendant's details (Person against whom legal action is taken)
-. Subject of the request
-. Summary of the reasons for your claim. It must set out all your claims (sums claimed).
Your request must be accompanied by the documents you wish to invoke in support of your claims.
These documents are listed on an attached document disclosure form.
You must therefore file or send your application and the form to the court clerk's office in as many copies as there are defendants.
A copy for the registry must also be attached.
G.- Is it necessary to be assisted by a lawyer at the industrial tribunal?
No, you can attend the CPH hearing alone.
You may also be assisted or represented by an employee in the same industry, your spouse, partner in a civil solidarity pact or cohabiting partner.
You may also use a lawyer to assist or represent you. However, the presence of a lawyer is not compulsory.
A union representative can also represent or assist you free of charge.
If the representative is not a lawyer, he or she must be authorised in writing to act in your name and on your behalf.
II - Conduct of the trial
A.- Waiting for the court to convene
The plaintiff and defendant are summoned by the industrial tribunal.
The clerk's office notifies the claimant by any means of the place, day and time of the hearing.
It invites the claimant to send its documents to the defendant before the hearing and indicates that in the event of non-appearance without a legitimate reason, it may take a decision.
B.- Being assisted or represented
Assistance or representation of the employee
Thus, employees may defend themselves alone before the industrial tribunal. They may also be represented by an authorised person.
C.- Taking part in the hearing (Proceedings before the industrial tribunal) :
Each party presents its arguments during the hearing, in support of its claims. The parties are thus able to reach a settlement, even in part, during the hearing.
At the end of the debates, the chairman of the labour tribunal's adjudication committee can then immediately hand down his decision.
If it fails to do so, it will inform the parties of the date on which the judgment will be handed down.
In the event of a tie, the case is re-examined at a later date specified by a judge.
D.- Waiting for the labour tribunal's decision
The decision is thus taken by an absolute majority of the votes of the labour tribunal members.
The parties are notified of the labour tribunal's decisions by the court registry at their home address. Notification is made by registered letter with acknowledgement of receipt or by a bailiff's deed (now called a court commissioner).
The court will therefore rule on the nature of the termination and its consequences.
Lawyer in Bastia, Lawyer in Corsica, Lawyer in labour law
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