The Conseil de Prud’hommes (CPH) is the French equivalent of employment tribunals in the UK, although there are procedural differences between them. The purpose of the CPH is to preside over individual disputes arising from contracts of employment under private law.
CPH advisors are first responsible for conciliating the relationship between the employer and employee, and failing this, judging the case. The CPH cannot resolve disputes concerning collective employee relations, or employment under public law.
A case is brought before the CPH by a written or in-person request to the clerk of the conciliation office local to where the employee usually works.
If the employee works from home, the office will be local to where the employee lives. The request will set out the claims made against the opponent (the employee or employer depending on who is submitting the case) along with a summary of facts justifying the request, and any supporting documents.
There are also dedicated forms to be completed and sent, and certain timeframes that should be adhered to. For example, a claim resulting from the termination of an employment contract should be made within 12 months of the employment ending.
Following receipt of the request, both parties will be summoned to the bureau de conciliation et d’orientation, or conciliation and guidance office. There, CPH advisors will attempt to settle the dispute without proceeding to the bureau de jugement (judgement office) for a full hearing of the case.
The conciliation stage is usually compulsory, so both the employer and employee must either present themselves personally or send a representative.
If the dispute concerns the legality of a dismissal, the employer and employee may use the conciliation stage to end their dispute by agreement.
Such agreement will act as a waiver by both parties of all claims and indemnities regarding the termination of the employment contract, with a lump sum payable to the employee by the employer. The payment amount is determined according to the employee’s seniority in the company, and does not replace any legal or contractual provisions, such as unused paid leave or payment in lieu of notice.
If conciliation cannot be reached, the case will be referred to the bureau de jugement.
In this event, both parties will prepare written submissions and present their arguments to the employment judges in person (if either party fails to present or be represented, the case may be judged as it stands). Both parties are entitled to be assisted or represented by a lawyer, a union representative, an employee or employer in the same industry sector, or their spouse, although this is not mandatory.
The employment judges will communicate their final decision to both parties following the hearing date, after which either party may submit an appeal. Appeal procedures vary depending on the nature and outcome of the case.
It is worth noting that reputations and processing times vary between CPH offices (of which there are over 200), which may affect the outcome and waiting time of any claims made.
Please contact us to learn more about resolving employment disputes in France, and for specialised advice tailored to your company.