The procedure before the labor court varies depending on whether it is a substantive proceeding or summary proceedings.
The CPH is made up of several sections. Each CPH is divided into five sections.
These sections cover all activities. There are four professional sections, including industry, commerce, and services; agriculture; and miscellaneous activities. The fifth section is a cross-cutting section, handling all disputes between employees and their employers.
Within each section, there are several training courses, including training in conciliation and guidance, judgment, and summary proceedings.
It is important to verify the subject-matter and territorial jurisdiction of the labor court. Subject-matter jurisdiction is exclusive, mandatory, and restrictive.
It should be noted that the CPH also has jurisdiction even if the contract has not yet been concluded or there is no written employment contract. This is the case for any dispute concerning the formation of the employment contract, for example, or discrimination in hiring.
The Labor Relations Board also has jurisdiction when there is no written employment contract.
The procedure varies depending on whether it is a substantive proceeding or summary proceedings.
I. Proceedings on the merits before the Labor Court
There are three stages in this type of procedure: the hearing before the conciliation and guidance office, the hearing before the adjudication office, and the enforcement of the decision.
The summons of the parties before the Conciliation and Guidance Office of the Labor Court
It should be noted that the conditions of the summons and its consequences vary depending on the reason for the dispute.
Generally speaking, following referral to the labor court, the conciliation and guidance office (BCO) summons the parties.
This is the conciliation phase. Each party may be heard in a confidential setting.
The objective of the "BCO" is to reach an amicable agreement in order to settle the dispute. Each party may be assisted or represented by their lawyer.
During the session, each party provides its explanations. The conciliation session is not open to the public and is strictly confidential.
It is important to note that, unless there is a legitimate reason, if a party is absent from the conciliation hearing and is not represented, the Conciliation and Guidance Office may then act as a court and rule directly on the dispute.
If you are summoned to appear before the conciliation and guidance office of the Labor Court, do not hesitate to contact the office of Maître Avner DOUKHAN, attorney in Paris.
Agreement between the parties before the Labor Relations Board
If the parties reach full agreement, the dispute is settled and a conciliation report is drawn up.
In the event of a partial agreement, the dispute is settled for the resolved issue. However, any unresolved issues are subsequently referred to the adjudication office (AO).
2. Disagreement between the parties before the Labor Court
In the event of disagreement between the parties, the matter shall be referred to the Judgment Office.
It is very common for the conciliation and guidance office to set a procedural timetable and a pre-trial hearing to ensure that documents and pleadings are properly communicated.
The summons to appear before the Labor Court
The parties are summoned to appear before the Labor Court at a later date.
The Labor Relations Board ensures that the parties receive all pleadings and documents in a timely manner, allowing each party to defend itself.
This is the application of the adversarial principle.
The proceedings of the hearing before the Labor Relations Board
Each party may be represented or assisted by a lawyer. The parties present their arguments. The labor court may then immediately issue its decision or indicate the date on which the judgment will be handed down.
It should be noted that for a decision to be made, it must receive a majority of votes. However, in the event of a tie, the matter is re-examined on another date in a tie-breaking hearing.
The end of the judgment
The decision takes effect after the expiry of the appeal period. It is important to note that if the decision is not enforced, a bailiff will need to be appointed.
For more information, please contact Attorney Avner DOUKHAN.
II. Summary proceedings before the Labor Court
The summary judgment procedure is an emergency procedure.
Thus, it is justified by the urgency and the absence of serious opposition.
The obligation that the employee or employer is requesting to be performed must therefore not present any difficulties.
The advantage of such a procedure is obviously the shorter processing time and the fact that there is only one hearing (except for a possible referral hearing).
Once the summary judgment has been obtained, the employee or employer may request its enforcement by appointing a bailiff.
The assistance or representation of a lawyer is not mandatory but is strongly recommended.
For more information, please contact Attorney Avner DOUKHAN.