Conseil de prud'hommes (CPH): conduct of a case
Verified 24 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The labor council settles individual disputes between employer and employee arising in connection with any employment contract. The employee or employer has deposited a request with the CPH.
Are the parties summoned? Is there a meeting of reconciliation before the judgment? How does the session take place in front of the CPH's judgment office? Can the Labor Court order measures in the context of a trial procedure? interlocutory ?
We present you with the information you need to know.
What applies to you ?
General case
Infographie - Use of prud'homme: how does it work?
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USE OF PRUD'HOMME
How does it work?
Dismissal, disciplinary penalty...
An update on the labor process when a private sector employee has a dispute with his employer.
1. Application to the Labor Council (CPH)
Delivery of the form and additional documents on the spot or by post
Depending on the dispute, maximum time limit to be respected
1-2 weeks *
2. Receipt of the summons to the conciliation hearing
2 to 3 weeks *
3. Conciliation hearing between employee and employer
There is a common ground that is trying to be found, without passing judgment
- Reconciliation completed: end of dispute
Delivery (immediate or later) of a report
- Reconciliation not completed
6 to 8 months *
4. Receipt of the summons before the CPH
1 to 2 months *
5. Hearing and judgment of the CPH
- Employee and employer do not contest the judgment: end of dispute
Delivery (immediate or later) of a report
- The employee and/or employer contests the judgment
Different remedies are available, depending on the situation
* Indicative deadline varies depending on the situation
In most cases, as a result of a request at the labor council, the conciliation and guidance office (BCO) convenes the parties to a conciliation session.
Please note
in the event of a dispute concerning an economic dismissal, the hearing shall take place within one month following the request.
Step-by-step approach
The applicant and defendant are summoned by the labor council.
The graft notify the applicant by all means of the place, day and time of the meeting of the Conciliation Office.
He shall invite the plaintiff to send his documents to the defendant before the hearing. It also states that in the event of non-appearance without legitimate grounds, it may take a decision.
He shall summon the defendant by registered letter with a request for notice of receipt.
The summons shall require the defendant to lodge or send to the Registry the documents which he intends to produce and to communicate them to the plaintiff.
In the absence of conciliation, the parties shall be summoned to a hearing before the decision-making body of the Labor Court. The bureau is responsible for settling the dispute.
It also states that in the event of non-appearance without legitimate grounds, it may take a decision.
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Assistance or representation of the employee
The employee can defend himself alone before the labor council. It may also be represented by an authorized person.
Assistance or representation of the employer
The employer can defend himself alone before the labor council. It may also be represented by an authorized person.
FYI
minors who cannot be assisted by their father, mother or guardian may be authorized by the labor council to defend itself alone.
The Conciliation and Guidance Office (BCO) gathers all the necessary elements for the court to be able to judge the case: reconditioning.
The COO incites the parties to the conflict (the applicant and the defendant) to reach an agreement ending the dispute.
In this context, each party may be heard separately and in confidence.
The conciliation session is not open to the public.
If the employee accepts payment of a lump-sum conciliation allowance, the case is closed.
When a party is absent and is not represented without a legitimate reason, the COO can directly adjudicate the dispute. For example, legitimate reasons may be difficulties in health, transport, family life or unavailability of work.
What can the Conciliation and Guidance Office order?
The COO may order the issuance of the following documents:
- Work Certificates
- Pay slips
- Any document that the employer must issue (such as the certificate intended for France Travail (formerly Pôle emploi))
It may also order the payment of the following amounts:
- Provisions on wages
- Provisions on holiday pay, of notice and dismissal
- Compensatory and special redundancy payments accident at work in the event of medical incapacity resulting from an
- Termination allowance at the end of a fixed-term contract and termination allowance at the end of a temporary assignment
The total amount of the provisions shall be calculated by the BCO. He may not exceed 6 months of salary calculated on the average of the last 3 months of salary.
The BCO may also order all measures of inquiry and all measures necessary for the preservation of evidence or objects in dispute.
The BCO may take a provisional decision to allow the employee to exercise his rights to benefits paid by France Travail (formerly Pôle emploi).
FYI
this decision does not relieve the employer of the obligation to surrender the unemployment insurance certificate.
What happens at the end of the conciliation?
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In the event of agreement between the Parties
In the event of agreement between the parties, the dispute shall end. A conciliation report shall be drawn up.
In the case of a partial agreement between the parties
In the case of a partial agreement, the dispute shall end for the part or parts of the dispute that have been settled. The unresolved elements are transmitted to the judgment office of the labor court.
In the event of disagreement between the parties
In case of disagreement, the case is referred to the judgment office of the Labor Court.
If the dispute so warrants or if the parties so request, the matter shall be referred to the decision-making office of the Conseil de prud'hommes.
The COO may also refer the parties, with their agreement, to the limited training judgment office (an employer and an employee counselor). It then renders its decision within 3 months.
The applicant and the defendant are summoned by the labor council.
The transplant notify the applicant by all means of the place, day and time of the hearing.
He invited the plaintiff to send his documents to the defendant before the hearing and indicated that in case of non-appearance without legitimate reason he could take a decision.
Each party presents its arguments during the hearing in support of its claims. The parties may reconcile, even partially, during the hearing.
At the end of the proceedings, the chairman of the Board of Judges of the Conseil de prud'hommes may make his decision immediately.
If it does not do so, it shall inform the parties of the date on which the judgment will be delivered.
In the event of a tie, the case shall be reviewed at a later date specified by a judge.
The decision shall be taken by an absolute majority of the votes of the members of the Labor Party.
Decisions of the Board of Directors shall be notified to the parties by the Registry at their domicile. The notification is made by registered letter with notice of receipt or by an act of bailiff (now called commissioner of justice).
The Conseil de prud'homme may order the provisional execution of its decisions in the following cases:
- The judgment may be appealed only on a counterclaim
- The judgment orders the delivery of a work certificate, pay slips or any other document that the employer is required to issue
- The judgment orders the payment of the following remuneration and allowances:
- Provisions on wages
- Provisions on holiday pay, of notice and dismissal
- Accident at work Compensatory allowance and special redundancy allowance in the event of medical incapacity following an occupational disease or
- Termination allowance at the end of a fixed-term contract and termination allowance at the end of an acting assignment
The total amount of the provisions shall be calculated by the office of judgment. He may not exceed 9 months of salary calculated on the average of the last 3 months of salary.
Acknowledgement of termination of employment contract
In the case of a acknowledgement of the termination of the employment contract, the case is brought directly before the judgment office of the Labor Court (CPH).
Its examination shall take place within one month of the appeal to the CPH.
Step-by-step approach
The applicant and the defendant are summoned by the labor council.
The transplant notify the applicant by all means of the place, day and time of the hearing.
He invited the plaintiff to send his documents to the defendant before the hearing and indicated that in case of non-appearance without legitimate reason he could take a decision.
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Assistance or representation of the employee
The employee can defend himself alone before the labor council. It may also be represented by an authorized person.
Assistance or representation of the employer
The employer can defend himself alone before the labor council. It may also be represented by an authorized person.
FYI
minors who cannot be assisted by their father, mother or guardian may be authorized by the labor council to defend itself alone.
Each party presents its arguments during the hearing in support of its claims. The parties may reconcile, even partially, during the hearing.
At the end of the proceedings, the chairman of the Board of Judges of the Conseil de prud'hommes may make his decision immediately.
If it does not do so, it shall inform the parties of the date on which the judgment will be delivered.
In the event of a tie, the case shall be reviewed at a later date specified by a judge.
The decision shall be taken by an absolute majority of the votes of the members of the Labor Party.
Decisions of the Board of Directors shall be notified to the parties by the Registry at their domicile. The notification is made by registered letter with notice of receipt or by an act of bailiff (now called commissioner of justice).
The Conseil de prud'homme may order the provisional execution of its decisions in the following cases:
- The judgment may be appealed only on a counterclaim
- The judgment orders the delivery of a work certificate, pay slips or any other document that the employer is required to issue
- The judgment orders the payment of the following remuneration and allowances:
- Provisions on wages
- Provisions on holiday pay, of notice and dismissal
- Accident at work Compensatory allowance and special redundancy allowance in the event of medical incapacity following an occupational disease or
- Termination allowance at the end of a fixed-term contract and termination allowance at the end of an acting assignment
The total amount of the provisions shall be calculated by the office of judgment. He may not exceed 9 months of salary calculated on the average of the last 3 months of salary.
Request for reclassification of a fixed-term contract into a fixed-term contract
In the case of an application for the reclassification of a CSD: titleContent in DTA: titleContent, the case is brought directly before the judgment office of the Labor Court (CPH).
Its examination shall take place within one month of the appeal to the CPH.
FYI
when the labor council re-qualifies the CDD as a CDI, it grants compensation to the employee. This allowance, payable by the employer, may not be less than one month's pay.
Step-by-step approach
The applicant and the defendant are summoned by the labor council.
The transplant notify the applicant by all means of the place, day and time of the hearing.
He invited the plaintiff to send his documents to the defendant before the hearing and indicated that in case of non-appearance without legitimate reason he could take a decision.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Assistance or representation of the employee
The employee can defend himself alone before the labor council. It may also be represented by an authorized person.
Assistance or representation of the employer
The employer can defend himself alone before the labor council. It may also be represented by an authorized person.
FYI
minors who cannot be assisted by their father, mother or guardian may be authorized by the labor council to defend itself alone.
Each party presents its arguments during the hearing in support of its claims. The parties may reconcile, even partially, during the hearing.
At the end of the proceedings, the chairman of the Board of Judges of the Conseil de prud'hommes may make his decision immediately.
If it does not do so, it shall inform the parties of the date on which the judgment will be delivered.
In the event of a tie, the case shall be reviewed at a later date specified by a judge.
The decision shall be taken by an absolute majority of the votes of the members of the Labor Party.
Decisions of the Board of Directors shall be notified to the parties by the Registry at their domicile. The notification is made by registered letter with notice of receipt or by an act of bailiff (now called commissioner of justice).
The Conseil de prud'homme may order the provisional execution of its decisions in the following cases:
- The judgment may be appealed only on a counterclaim
- The judgment orders the delivery of a work certificate, pay slips or any other document that the employer is required to issue
- The judgment orders the payment of the following remuneration and allowances:
- Provisions on wages
- Provisions on holiday pay, of notice and dismissal
- Accident at work Compensatory allowance and special redundancy allowance in the event of medical incapacity following an occupational disease or
- Termination allowance at the end of a fixed-term contract and termination allowance at the end of an acting assignment
The total amount of the provisions shall be calculated by the office of judgment. He may not exceed 9 months of salary calculated on the average of the last 3 months of salary.
Application for reclassification of a traineeship agreement into an employment contract
In the case of an application for the reclassification of a traineeship agreement into an employment contract, the case is brought directly before the judgment office of the Labor Court (CPH).
Its examination shall take place within one month of the appeal to the CPH.
Step-by-step approach
The applicant and the defendant are summoned by the labor council.
The transplant notify the applicant by all means of the place, day and time of the hearing.
He invited the plaintiff to send his documents to the defendant before the hearing and indicated that in case of non-appearance without legitimate reason he could take a decision.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Assistance or representation of the employee
The employee can defend himself alone before the labor council. It may also be represented by an authorized person.
Assistance or representation of the employer
The employer can defend himself alone before the labor council. It may also be represented by an authorized person.
FYI
minors who cannot be assisted by their father, mother or guardian may be authorized by the labor council to defend itself alone.
Each party presents its arguments during the hearing in support of its claims. The parties may reconcile, even partially, during the hearing.
At the end of the proceedings, the chairman of the Board of Judges of the Conseil de prud'hommes may make his decision immediately.
If it does not do so, it shall inform the parties of the date on which the judgment will be delivered.
In the event of a tie, the case shall be reviewed at a later date specified by a judge.
The decision shall be taken by an absolute majority of the votes of the members of the Labor Party.
Decisions of the Board of Directors shall be notified to the parties by the Registry at their domicile. The notification is made by registered letter with notice of receipt or by an act of bailiff (now called commissioner of justice).
The Conseil de prud'homme may order the provisional execution of its decisions in the following cases:
- The judgment may be appealed only on a counterclaim
- The judgment orders the delivery of a work certificate, pay slips or any other document that the employer is required to issue
- The judgment orders the payment of the following remuneration and allowances:
- Provisions on wages
- Provisions on holiday pay, of notice and dismissal
- Accident at work Compensatory allowance and special redundancy allowance in the event of medical incapacity following an occupational disease or
- Termination allowance at the end of a fixed-term contract and termination allowance at the end of an acting assignment
The total amount of the provisions shall be calculated by the office of judgment. He may not exceed 9 months of salary calculated on the average of the last 3 months of salary.
Urgent procedure (interim)
In an emergency, a measure may be ordered by the labor council (CPH) in the context of a interlocutory.
Step-by-step approach
The applicant and the defendant are summoned by the labor council.
The transplant notify the applicant by all means of the place, day and time of the hearing.
He invited the plaintiff to send his documents to the defendant before the hearing and indicated that in case of non-appearance without legitimate reason he could take a decision.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Assistance or representation of the employee
The employee can defend himself alone before the labor council. It may also be represented by an authorized person.
Assistance or representation of the employer
The employer can defend himself alone before the labor council. It may also be represented by an authorized person.
FYI
minors who cannot be assisted by their father, mother or guardian may be authorized by the labor council to defend itself alone.
Each party presents its arguments during the hearing in support of its claims. The parties may reconcile, even partially, during the hearing.
At the end of the proceedings, the chairman of the Board of Judges of the Conseil de prud'hommes may make his decision immediately.
If it does not do so, it shall inform the parties of the date on which the judgment will be delivered.
In the event of a tie, the case shall be reviewed at a later date specified by a judge.
The CPH may:
- Order all measures that cannot be seriously challenged or that warrant the existence of a dispute
- Order the precautionary measures or reinstatement that is necessary to prevent damage or to stop a manifestly harmful event unlawfulEven in the event of a serious challenge.
- Grant a provision to creditor or order the performance of the obligation even if it is an obligation to do something.
Where the demand exceeds the powers of the formation of application for interim measures, it may refer the case back to the office of adjudication. In this case, the following conditions must be met:
- The parties (the applicant and the defendant) agree
- The interim relief procedure tried to reconcile the parties
Challenge to the presumption of resignation in case of abandonment of post
In the case of a challenge to the presumption of resignation in the event of abandonment of post, the case is brought directly before the judgment office of the Labor Court (CPH).
Its examination shall take place within one month of the appeal to the CPH.
Step-by-step approach
The applicant and the defendant are summoned by the labor council.
The transplant notify the applicant by all means of the place, day and time of the hearing.
He invited the plaintiff to send his documents to the defendant before the hearing and indicated that in case of non-appearance without legitimate reason he could take a decision.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Assistance or representation of the employee
The employee can defend himself alone before the labor council. It may also be represented by an authorized person.
Assistance or representation of the employer
The employer can defend himself alone before the labor council. It may also be represented by an authorized person.
Each party presents its arguments during the hearing in support of its claims. The parties may reconcile, even partially, during the hearing.
At the end of the proceedings, the chairman of the Board of Judges of the Conseil de prud'hommes may make his decision immediately.
If it does not do so, it shall inform the parties of the date on which the judgment will be delivered.
In the event of a tie, the case shall be reviewed at a later date specified by a judge.
The decision shall be taken by an absolute majority of the votes of the members of the Labor Party.
Decisions of the Board of Directors shall be notified to the parties by the Registry at their domicile. The notification is made by registered letter with notice of receipt or by an act of bailiff (now called commissioner of justice).
The court rules on the nature of the break-up and the consequences.
Conciliation (convening, conduct of the sitting, at the end of the sitting)
Judgment (division)
Conciliation (conduct of the sitting, at the end of the sitting)
Judgment (convocation, conduct of the hearing, decision of the court)
Request for reclassification of a fixed-term contract into a fixed-term contract
Training for interim measures
Application for reclassification of a traineeship agreement into an employment contract
Representation before the labor board
Assistance and representation of the parties
Referral to the Labor Court
economic redundancy
Conciliation and judgment
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