Referral to the Labor Council (CPH)
Verified 05 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
The Labor Council (CPH) settles individual disputes between employer and employee arising in connection with any employment contract.
Is there a time limit for referral to the CPH? What disputes can it deal with? What steps should be taken to seize it? What is the cost of entering it? Do you need a lawyer?
We're doing an update on the regulations.
The labor court may be seised by the salaried worker or by theemployer.
Employee
The Labor Council (CPH) is the alone court competent to settle all dispute between you and your employer.
This dispute may arise during whether you work at your employer or at the time of breakup of your employment contract.
You can enter the CPH if you have an employment contract with private law. Examples include:
- Employees (journalists, performing artists, models, VRP, etc.)
- Apprentices
- Maternal and Family Assistants
- Persons bound by an assisted contract (employment support contract, future contract, integration contract, etc.)
- Staff of public industrial and commercial establishments (e.g. staff of RATP and social security funds)
The employee minor may be assisted by father, sa mother or its guardian. If the minor cannot pitch be assisted, the CPH may authorize it to act alone in front of him.
FYI
the CPH is not competent to resolve a dispute:
- relating to relations collective working
- or linked to a contract of employment of public law (on administrative tribunal is competent).
You can use the CPH in case of an individual related dispute, for example:
- Termination of employment contract
- To a disciplinary sanction
- Payment of salary or premiums
- To working hours
- On days of rest or leave
- The health and safety conditions of the work station
- Upon delivery of the Pôle emploi attestation, work certificate or receipt for balance of any account
- To a situation of harassment (moral or sexual) or discrimination
- At the conclusion of the contract (e.g. breach of a promise to hire)
For the action to be admissible, you must enter the CPH within a certain period. This varies depending on the nature of the dispute. Beyond that, the facts are prescribed.
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Action relating to termination of employment contract
You can enter the CPH within 12 months.
This period is calculated from the date of notification breach of contract.
This period applies in particular in the event of the employee not being provided with documents relating to the termination of the employment contract (pôle emploi certificate, work certificate, balance of any account).
This time limit shall also apply in the following cases:
- Challenging the regularity or validity of an economic dismissal if the employment protection plan (ESP) is not validated, or approved
- Contestation of the breach of the contract of employment following the accession to a professional security contract (CSP). In this case, the period shall be calculated from the date of accession to the FMC.
Action relating to the performance of the contract of employment
You can enter the CPH within 2 years.
This period shall be calculated from the day on which the person exercising it knew or should have known the facts enabling him to exercise his right.
Contestation of a breach of agreement
You can enter the CPH within 12 months to challenge a conventional break approved.
This period shall be calculated from the date of approval of the Breaking Agreement.
Payment of wages
You can enter the CPH within 3 years in the context of an action for payment of sums due, in particular in the case of:
- Unpaid salary
- Unpaid Overtime
- Unpaid Premiums
This period shall be calculated from the date of chargeability of the wage claim.
Example :
An employee is paid monthly and usually on 02 every month. The February 2, 2023, his salary is not paid. So he has 3 years as of February 2, 2023 to perform an action at the CPH.
FYI
The time limit shall be reduced to 6 months if you dispute an amount referred to in the receipt for balance of any account, that you have signed. If he is not signed, you have a deadline of 3 years.
Harassment or discrimination
You have a deadline of 5 years to enter the CPH for any action due to a psychological harassment or a sexual harassment or a discrimination.
In case of bullying, the time limit shall be calculated from the date of the last act complained of and shall apply to previous acts which may be classified as harassment.
In case of discrimination, the period shall run from the disclosure of the discriminating fact.
Body damage
In the event of personal injury occurring during work, you have a fixed deadline 10 years to enter the CPH. This period is calculated from the date of consolidation of damage.
You must contact the CPH:
- or of the place where is located in the in which you your work, from location where the employment contract was concluded or the registered office the company that employs you,
- either, if you work at domicile or outside of any establishment, location of your domicile.
To make your request, you can submit your request on free paper or complete the request form for referral to the CPH.
Application for a referral by an employee to the Labor Council (CPH)
It's addressed only by way of request, i.e. a claim made to the judge to settle the dispute with your employer.
Your request may be addressed to the graft of the CPH by mail (recommended or not). It may also be deposited directly at the Registry.
Your request, dated and signed, shall contain the following elements:
- Your contact details (name, first name, address...)
- Contact details for defendant (employer against whom the request is made)
- Object of the application
- Summary presentation the reasons for your request. It must mention all of your pretensions (amounts claimed).
Your request must be accompanied documents you wish to rely on in support of your claims.
These items are listed on a communication slip of documents annexed to it.
You must submit or send your request and the waybill to graft in so many copies that of defendants.
A copy for the Registry should also be attached.
To enter the CPH, you have nothing to pay for. The procedure is totallyfree.
No, you may introduce yourself alone at the CPH hearing.
You may also be assisted or represented by a salaried worker belonging to the same branch of activity, your spouse, partner of civil solidarity pact or common-law partner.
You can also use a lawyer for you assist or represent you. However, the presence of a lawyer is not not obligatory. If you choose a lawyer, you can claim the benefit of thelegal aid, provided that this lawyer accepts it.
One trade union advocate may also represent or assist you as free.
FYI
the representative, if he is not not a lawyer, must provide proof of a written statement which authorizes it to act on your behalf and in your name.
Within the framework of conduct of the case, an initial phase of reconciliation takes place between you and your employer.
In case of full reconciliation, the dispute takes fine-minded.
If conciliation is not not possible, the unresolved elements of the case shall then be the subject of a judgment.
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Use of labor, how does it work?
Employer
The Labor Council (CPH) is the alone court competent to settle all dispute between you and your employee. This dispute may arise during whether the contract is performed or at the time of breakup the employment contract.
You can enter the CPH if you are an employer under the jurisdiction of private law or if you employ persons under private law conditions.
FYI
The CPH is not competent to resolve a dispute:
- relating to relations collective working
- or linked to a contract of employment of public law (on administrative tribunal is competent).
You can use CPH in the event of a related conflict, for example:
- To a job abandonment of your employee
- At unserved notice
- To theft or damage to company property
- Non-compliance with a non-competition clause
- Refusal to repay an overpayment
- The challenge of medical evidence issued by the occupational doctor in the context of incapacity
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Action relating to the performance of the contract of employment
You can enter the CPH within 2 years.
This period shall be calculated from the day on which the person exercising it knew or should have known the facts enabling him to exercise his right.
Payment of wages
You can enter the CPH within 3 years in the context of an action for payment of sums due (e.g. reimbursement of overpayment).
This period shall be calculated from the date of chargeability of the wage claim.
Example :
In the event of refusal to reimburse an overpayment on the salary of january 2022, paid on 05 february 2022, the employer therefore 3 years as of 05 february 2022 to perform an action at the CPH.
You must contact the CPH:
- or of the place where is located in the in which the employee carries out his work, from location where the employment contract was concluded or the registered office company.
- or, if your employee works in his home or outside of any establishment, location of sound domicile.
How do I submit the application?
To make your request, you can submit your request on free paper or complete the request form for referral to the CPH.
Application for a referral by an employer to the Labor Court (CPH)
It's addressed only by way of request, i.e. a claim made to the judge for the purpose of settling the dispute with your employee.
Your request may be addressed to the graft of the CPH by mail (recommended or not). It may also be deposited directly at the Registry.
Your request, dated and signed, shall contain the following elements:
- Your contact details (name, first name, address...)
- Contact details for defendant (employee against whom the request is made)
- Object of the application
- Summary presentation the reasons for your request. It must mention all of your pretensions (amounts claimed).
Your request must be accompanied documents you wish to rely on in support of your claims.
These items are listed on a communication slip of documents annexed to it.
You must submit or send your request and the waybill to graft in so many copies that of defendants.
A copy for the Registry should also be attached.
To enter the CPH, you have nothing to pay for. The procedure is totally free.
No, you may introduce yourself alone at the CPH hearing.
You may also be assisted or represented by a employer belonging to the same branch of activity. You can request your spouse, partner of civil solidarity pact, common-law partner and also a limb on your company.
You can to use a lawyer for assist or represent you. However, the presence of a lawyer is not not obligatory.
One trade union advocate (patronal) may also represent or assist you as free.
FYI
the representative, if he is not not a lawyer, must provide proof of a written statement which authorizes it to act on your behalf and in your name.
Within the framework of conduct of the case, one phase initial of reconciliation takes place with your employee.
In the event of conciliation total, the dispute takes fine-minded.
If conciliation is not pitch if possible, the unresolved elements of the case are then subject to a judgment.
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Use of labor, how does it work?
Application for a referral by an employee to the Labor Council (CPH)
Who can help me?
Find who can answer your questions in your region
For legal advice
House of Justice and the LawFor information on labor law
Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
- Labor Code: Articles L1411-1 to L1411-6Competences of the labor board
- Labor Code: Article L1471-1Performance or termination of employment contract, harassment, discrimination
- Labor Code: Article L1233-67Joining a Professional Security Agreement (CSP)
- Labor Code: Article L1235-7Regularity or validity of the redundancy
- Labor Code: Articles L1237-11 to L1237-16Conventional breakdown (Article L1237-14)
- Civil Code: Article 2226Body damage
- Labor Code: Article L3245-1Payment of wages
- Labor Code: Article L1234-20Receipt for balance of any account
- Labor Code: Articles R1452-1 to R1452-6Filing of the application, summonses of the applicant and the defendant
- Circular of 27 May 2016 on labor law proceedings and the judicial treatment of labor disputes (PDF - 413.8 KB)