LABOR COURT PROCEDURE

Transcription

1 LABOR COURT PROCEDURE The industrial arbitration court is competent for any dispute concerning an employer and his employee in a frame of a private law work contract. It is made of a conciliation panel and an adjudication panel. What is the industrial arbitration court competent? The employee should contact the industrial arbitration court: - whether from the place where the establishment in which he carries out his work is situated, from the place where the contract was concluded or the head office company employing him. - or, if he works at home or outside of any establishment, from any place of residence. What are the representation rules before the Labor Court? The applicant may present himself before the Labor Court, the lawyer is not compulsory. It is possible to request legal aids to profit from a lawyer whose fees will be paid by the state. (See legal aids cards). It is as well, possible, to be represented by an employee mandated or proxy, a labor delegate or his spouse or partner. *The principle in front of the Court of Arbitration is the freedom of proof. What time limits to refer to the Labor Court? The referral time limits of the Labor Court vary according to the nature of the dispute: Execution or work contract rupture: 2 years-time limits Action for wages payment: 3 years-time limits Caution: If the balance of all accounts was signed by the employee, the time limits is only for 6 months to seize the industrial arbitration court. Moral harassment, sexual or discrimination at work: 5 years-time limits Bodily harm at work: 10 years-time limits For any other dispute: 12 months-time limits (ex: contestation of a conventional breach)

2 PROCEDURE The friendly resolution of the disagreements. Before seizing the arbitration court, the law requests the parties to try to find a friendly agreement. If not possible then, the labor jurisdiction will decide. Two types of friendly settlements of dispute before seizing the Arbitration Court: Mediation and contractual conciliation Participative procedure: the search for an agreement with the assistance of a lawyer for each part. Legal mediation does exist and it takes place while the arbitration court is seized. It intervenes on the conciliation panel request which can return the parts in front of a legal mediator if considered convenient Labor Court referral The referral request may be made in person directly near the labor court or by letter: Greffe du Conseil des Prud hommes Registry of the Labor Court 14 rue Lallouette CAYENNE The request must provide: - the applicant contact (name, surname, address ) - the subject-matter of the application (specify the appeal procedure) - the defendant contact, against whom the request is made (see Kbis extract) The Cayenne Labor Court provides a referral form, making the steps easier. Kbis extract must be requested: Registre du Commerce et des Sociétés 17/19 rue Lalouette CAYENNE The Labor Court may be seized by the employer as well as the employee.

3 At first, the applicant and his opponent are summoned before the conciliation panel and orientation to find a friendly agreement. The presence of the parties or their representatives is compulsory. Without any agreement, the parties will be summoned to another hearing, in front of the adjudication panel. The member of the industrial arbitration court will rule then on the law suit. In Cayenne, the judge of the peace will rule. The presence of the parties or their representatives is compulsory. Caution: The parties must provide the various arguments and exhibits added to the file before the trial. If one of the part is missing, BCO can make a legal decision: Absence of the defendant: BCO can make a definite decision or provisory measures to preserve the applicant rights. Absence of the applicant: BCO can state a null and void request. (Will have to start all the procedure). Provisory measures made by the conciliation panel The work certificates delivery, pay slips and any other document that the employer is legally held to deliver; When the existence of the obligation is not seriously contestable: The provisions payment on the wages and accessories, commissions and provisions on the paid vacations allowance, notice and dismissal. Compensation allowance and special allowance for dismissal in case of a consecutive medical unfitness due to an industrial accident or occupational disease. The end of contract allowance envisaged in article L and end of mission allowance. The examining measures, or necessary to the evidence and litigious objects conservation. What s new: BCO can make a provisory decision to mitigate the missing delivery of the unemployed insurance certificate by the employer. Documents to provide to the conciliation and orientation panel - work contract - hiring letter - pay slips - mail with the employer - work certificate

4 - anything as a proof The proof in front of the Labor Court is free. Procedure is directly submitted to the adjudication panel For some dispute, the adjudication panel is directly seized. The procedure does not go through the conciliation part and so, is quicker: - requalification of a short-time work contract into a long-time one - recognition of an act taken by the employee - Requalification of an internship agreement into a work contract - Delivery of end-of-contract documents Appeal Appeal can be made at the court of appeal, within a month following the notification of the decision, provided that the total value of the claims is greater than euros. Disputes amounting to less than are not subject to appeal: only an appeal to the final court before the final court of appeal is possible. The representation by a lawyer or a trade-union defender is obligatory. Force the judgment execution The judgment is enforceable, it is then restrictive for the sentenced person. In the absence of respect for the judgment, the person must ask for a copy of the writ of execution at the register secretary and give it to a bailiff who could enforce by the sentenced person. At the end of this procedure, the applicant may seize the judge with jurisdiction to decide issues related to the execution of judgments in High Court. If it appears that the employer cannot respect his obligations because of a receivership or official receivership, the employee can contact the proxy or the official receivership who will make use of wage guarantee insurance. (AGS). NEWS

5 Up to date put card of the law of August 6 th 2015 and its decrees n of May 20 th 2016 and n of July 18 th 2016 taken for its effect, that renovate the applicable procedure in front of this jurisdiction.