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Prud'homme Council (CPH): conduct of business

Verified 23 January 2019 - Directorate for Legal and Administrative Information (Prime Minister)

The first stage of the criminal proceedings is a conciliation procedure between the parties (the plaintiff and the defendant), except in exceptional cases. In the event of full conciliation, the dispute shall end. If it is not possible to reconcile the parties, the elements of the case still in dispute are then subject to a judgment. In the event of an emergency, the Conseil de prud'homme (CPH) may order measures in the framework of a summary trial.

The conditions for convening and its consequences for the criminal proceedings vary according to the ground for the dispute.

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General case

After referral to the HPC, the Conciliation and Guidance Office (OCB) shall convene the parties to a conciliation session in an attempt to terminate the dispute without a judgment. Within this framework, each party may be heard separately and in confidence.

Economic layoff

After referral to the HPC, the Conciliation and Guidance Office (OCB) shall convene the parties to a conciliation session in an attempt to terminate the dispute without a judgment. The meeting shall take place within one month of referral.

Within this framework, each party may be heard separately and in confidence.

Notice of breach of contract

If the dispute concerns a notice of termination of employment contract, the case shall be brought directly before the judgment office. Its examination shall take place within one month of referral.

Request to requalify a CDD in CDI

The case is brought directly to the judgment office. Its examination shall take place within one month of referral.

Illegal Stage

When a trainee requests the requalification of his internship agreement into an employment contract, the case is brought directly before the judgment office. Its examination shall take place within one month of referral.

In case of emergency

A measure may be ordered by the CPH in the context of an interim procedure. This procedure shall apply in an emergency. Interim measures shall be taken on a provisional basis, pending conciliation or judgment of the case.

Depending on the dispute, the Supervisory Board may order the following measures:

  • Issuance of documents that the employer is legally required to issue to the employee (certification of the Employment Center, certificate of work, balance of any account, pay slip...)
  • Unpaid provisions on wages and termination benefits
  • Retention of evidence or disputed objects

The OCO encourages the parties to the dispute (the plaintiff and the defendant) to reach an agreement to end the dispute.

During the session, each party provides its explanations. The conciliation session shall not be open to the public.

Each party present may, if it so wishes, be assisted or, in the event of absence, be represented by a authorized person..

If the employee accepts payment of a lump sum conciliation, the dispute ends.

Where a party is absent and not represented, the OCB may directly adjudicate the dispute (unless the absent party justifies a legitimate reason). It shall act on the basis of the information provided to it.

Where the parties agree

The dispute shall end with the drawing up of a conciliation report.

In the event of a partial agreement, the dispute shall terminate for the element(s) of the dispute settled. Unresolved items are transmitted to the judgment office.

If disagreement persists

Personal termination litigation

The case is referred to the judgment office.

The OCB is in charge of putting the case to trial. He ensures that all findings and exhibits are properly communicated between the parties in the lead-up to the hearing.

The OCB may refer the parties, with their agreement, to the judgment office in restricted formation (an employer councilor and an employee councilor), which shall decide within 3 months.

Pending judgment, the OCB may order, on an interim basis:

  • the issuance of documents that the employer is legally required to issue to the employee (certification of the Employment Center, certificate of work, balance of any account, pay slip...),
  • the payment of provisions on unpaid wages and severance pay (leave with pay, notice, dismissal, termination of CSD or termination of mission allowances, etc.).

Disputes relating to an application for judicial termination

The case is referred to the judgment office.

The OCB is in charge of putting the case to trial. He ensures that all findings and exhibits are properly communicated between the parties in the lead-up to the hearing.

The OCB may refer the parties, with their agreement, to the judgment office in restricted formation (an employer councilor and an employee councilor), which shall decide within 3 months.

Pending judgment, the OCB may order, on an interim basis:

  • the issuance of documents that the employer is legally required to issue to the employee (certification of the Employment Center, certificate of work, balance of any account, pay slip...)
  • the payment of provisions on unpaid wages and severance pay (leave with pay, notice, dismissal, termination of CSD or termination of mission allowances...)

Economic redundancy litigation

The case is referred to the judgment office.

The OCB is in charge of putting the case to trial. He ensures that all findings and exhibits are properly communicated between the parties in the lead-up to the hearing.

The OCB may direct the parties:

  • or, with their agreement, before the office of judgment in restricted formation (an employer councilor and an employee councilor), which decides within 3 months
  • or before the judgment office in formation in its usual composition (2 employer councilors and 2 employee councilors), which decides within 6 months

Pending judgment, the OCB may order, on an interim basis:

  • the issuance of documents that the employer is legally required to issue to the employee (certification of the Employment Center, certificate of work, balance of any account, pay slip...)
  • the payment of provisions on unpaid wages and severance pay (leave with pay, notice, dismissal, termination of CSD or termination of mission allowances...)

If the dispute concerns another ground

The case is referred to the judgment office.

The OCB is in charge of putting the case to trial. He ensures that all findings and exhibits are properly communicated between the parties in the lead-up to the hearing.

The hearing is held before the judgment office in its usual composition (2 employer councilors and 2 salaried councilors). At the request of the parties or if the nature of the dispute so warrants, the judgment office shall be chaired by a judge of the court.

The OCB shall orally inform the parties present of the date of referral of the case to the judgment office for hearing.

Pending judgment, the OCB may order, on an interim basis:

  • the issuance of documents that the employer is legally required to issue to the employee (certification of the Employment Center, certificate of work, balance of any account, pay slip...)
  • the payment of provisions on unpaid wages and severance pay (leave with pay, notice, dismissal, termination of CSD or termination of mission allowances...)

In the absence of conciliation, the parties shall be summoned to a hearing before the judgment office, which shall decide the dispute.

The judgment office shall ensure, if necessary, that all findings and documents are properly transmitted between the parties in the run-up to the hearing.

Each party submits its arguments during the hearing in support of its applications. The parties may reconcile, even partially, during the hearing.

Each party present may, if it so wishes, be assisted or, in the event of absence, be represented by a authorized person..

At the end of the proceedings, the President of the Judgment Office may issue his decision immediately. If he does not, he shall inform the parties of the date on which the judgment will be delivered.

The decision shall be taken by an absolute majority of the votes of the prud'homme advisers. In the event of a division of votes, the case shall be reviewed at a later date, in a review hearing, chaired by a judge.

As soon as the Prud'homme Council has decided on the merits of the case, the judgment shall be enforced. It shall enter into force not later than the day after the expiry date of all remedies..

If the decision is not implemented, it is possible to: