Indeed, when ending an employment contract, especially if the initiator is the employer, there are reasons. These reasons could be economic, logistical, or personal. But there is also dismissal caused by wrongful behavior on the part of the employee. So, here are the 3 main types of dismissals:
- Individual economic dismissal
- Collective economic dismissal
- Dismissal for misconduct.
Therefore, for a dismissal to be valid, there must first be a valid reason for it and the procedures set out by the legislation must also be followed. But if the legal procedures are not followed, this is called an irregular dismissal (in other words: abusive)
Seizing the labor court in the context of a dismissal
In fact, there may be several disputes causing a contract termination between the employer and the employee. These include dismissal, unpaid wages, or discrimination within the company. Regardless of the scenario, it is the Labor Court that must decide; here are the procedures to follow:
Before the hearing:
What types of disputes can the labor court intervene in?
First, we are talking about disputes involving the employee (whether an intern or apprentice) and the employer. It is up to the labor court to resolve this type of conflict. But you should know that it is not within the labor court’s jurisdiction to settle disputes related to public officials. The latter must then seek recourse through the administrative court.
Which labor court is the most effective?
In fact, there is the territorial labor court located near the company’s address. That is to say, if the work is performed outside the company premises, the competent labor court will be the one near the employee’s address.
But regardless of the scenario, an employee can choose between two options: a labor court near their home or near the company’s registered office (or the employer’s).
What happens when seizing the labor court?
Seizure of the labor court occurs in the following cases:
- After a request made by one of the parties to the court registry.
- After the parties voluntarily appear before the court office.
So, after resorting to the labor court or after seizure, the BCO, that is the conciliation and orientation office, calls on both parties to amicably reconcile before going to court. But it is also possible that the two parties are heard separately and in complete confidentiality.
So, how does the seizure of the labor court take place?
Indeed, the claimant must send a commission rogatory to the registry of the labor court. This can be either a registered letter with acknowledgment of receipt or an email. The method is that you must send it by way of appeal, that is, a request sent to the judge’s office who will decide the conflict between the two parties.
How does the seizure proceed?
There are 3 important steps including:
- Receipt of documents, here it is the mediator’s responsibility to send a request for conciliation between the two parties. This will then be done by sending a form that the claimant will have at their disposal. Thus, they will send it by email or by registered letter.
- Study carried out by the CPH (prudential council) to determine eligibility or not of the referral (admissibility study)
- Notification by the CPH to the parties that the referral will take place
How the hearing before the labor tribunal takes place
First of all, the labor tribunal wants to reconcile the two parties
First, the labor tribunal will try to bring the two parties to an agreement. This is actually an instruction carried out by the conciliation office. This conciliation office will be made up of a labor councilor for the worker and another labor councilor for the employer. (This is stipulated in the Labor Code Article R 1454-7)
Note: in the case of the absence of one of the parties at the conciliation office, the conciliation request becomes null and void. Except in cases where this absence is justified by a valid reason according to the law.
After the conciliation or the attempt, all parties must argue and present their views. They can even bring evidence to support their statements regarding this conciliation.
Thus, the attempt at conciliation will logically lead to 3 specific cases:
- The first being that the two parties have reached an agreement. Then, a report will be drawn up to ensure that the conflict is resolved amicably.
- The second being that the two parties do not sign a conciliation agreement. Therefore, the dispute will be referred to a judge. According to the labor code, the case will be judged before a chamber
- The third case being that the conciliation office takes a transitional measure requiring the employer to pay a sum to the employee (compensation and others…) before a judgment takes place in order to confirm the measures to be taken.
Secondly, the labor tribunal will summon the two parties for a hearing
This is a summons in due form, either verbally or by registered letter with acknowledgment of receipt.
Note: if one of the parties does not attend the hearing, the labor tribunal will make a decision considering only the arguments of the party present. It will therefore likely be a decision detrimental to the absent party.
It should also be known that during the judgment hearing, there will be 4 councilors, two for the employer and two for the employee. So, the judge will ask the initiator to present the facts and arguments. It will then be up to the person against whom the case is directed to present their arguments, who is also called the defendant. And the councilors will have the right to question both the opposing party and the party they represent to clarify important facts.
At the end of this hearing, conclusions will be issued, which may be optional in writing. But since this is an oral procedure, only the conclusion pronounced by the labor tribunal will be considered by the councilors and applicable.
Can one be represented when appearing before a labor tribunal?
In fact, the parties are required to appear in person before the tribunal throughout the hearing. But the following cases are excluded: illness, death of a close family member… In these cases, the parties may be represented by:
- Another employee or another employer working in the same sector of activity
- A delegate of the staff or employers’ union
- A spouse or partner
- A lawyer specialized in labor law
In the event that one of the parties is represented, the representative must be equipped with a signed power of attorney. However, it is not mandatory to be assisted by a lawyer, but if the parties wish to be assisted, they can call upon the persons from the previous list.
What are the mandatory pieces of evidence to bring before a labor tribunal?
First, it is the claimant who has the duty to provide evidence of what they assert and not their opponent. However, sometimes there is an exception where evidence must be provided by both the employee and the employer when it concerns a very serious reason that could lead to dismissal.
The evidence that can be presented before the labor tribunal includes the following documents: pay slips, emails, testimonies, and the employment contract.
It is therefore the claimant’s responsibility to provide all these elements that will allow them to plead their case. However, if the evidence was obtained illegally, it will not be accepted by the labor tribunal. These are most often company documents copied without the employer’s knowledge, but the tribunal may be lenient on this matter provided that these documents were taken by the employee during the period when they were still employed.
Why bring a case before the labor tribunal?
Here are the reasons why an employer or an employee brings a case before the labor tribunal or CPH
The main function of a labor tribunal is to resolve conflicts between an employer and an employee who are linked by an employment contract. This also includes apprentices and those employed part-time. Therefore, if it is the employee who wants to bring a case before the labor tribunal, they must agree to be subject to certain conditions and procedures which will expire after a certain period.
Bringing a case before the labor tribunal by the employee
The labor tribunal or CPH is seized in the event of a dispute between an employee and an employer during the validity of an employment contract or for its termination.
However, the CPH or labor tribunal is not authorized to resolve relational conflicts, that is, those relating to relationships within the company. It is also not competent in cases where the dispute relates to a public law employment contract, such as in the case of a civil servant, for example.
So, what are the disputes that allow employees to bring a case before the CPH?
You must call upon a labor tribunal in the following cases:
- Termination of an employment contract following a dispute between the two parties (unfair dismissal, etc.)
- Failure to pay indemnities or wages
- Non-standard working hours
- Unpaid rest or leave
- Compromised hygiene, health, and safety in the establishment
- Various cases of harassment in the workplace (including sexual or racial discrimination)
Next, there is the appeal period
This is actually the period during which the appeal or referral to the CPH is admissible. This appeal period varies depending on the type of conflict or dispute to note
- Dismissal for personal reasons
- Dismissal for economic reasons
- Mutual termination agreement
- Non-payment of wages
- Others
Bringing a case before the labor tribunal by the employer?
First, an employer can bring a case before the labor tribunal to resolve a conflict that arises between them and their employee while the employment contract is still in effect or for the termination of the contract.
The disputes for which the labor tribunal is not competent are disputes:
- Related to internal relations in the workplace
- Disputes relating to public law, notably concerning the contract of civil servants or contractual agents
Procedure to be followed by the employer when referring a case to the labor tribunal
The employer will refer the case to the labor tribunal in the locality of the establishment where the employee works or in the locality where the employee works (if it is work done at home or outside the establishment)
Address and contact of the 5 most requested Labor Tribunals in France
Paris Labor Tribunal
- Address: 27 Rue Louis Blanc, 75010 Paris, France
- Phone: +33 1 40 38 52 00
Lyon Labor Tribunal
- Address: 20 Bd Eugène Deruelle, 69432 Lyon, France
- Phone: +33 4 72 84 71 00
Bordeaux Labor Tribunal
- Address: Pl. de la République, 33000 Bordeaux, France
- Phone: +33 5 47 33 95 95
Marseille Labor Tribunal
- Address: 6 Rue Rigord, 13007 Marseille, France
- Phone: +33 4 91 13 62 00
Lille Labor Tribunal
- Address: Halle aux sucres Building, 33 Av. du Peuple Belge, 59000 Lille, France
- Phone: +33 3 20 12 10 00
