La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
The reform of the social procedure in 2016
In our previous news on the reform of the labour tribunal procedure, we explained the contributions of the Macron Act.
Pursuant to the law of 6 August 2015, a decree relating to the prud' homale procedure and the judicial treatment of labour disputes was published at the end of May 2016. It is carrying out a wide-ranging reform of the various stages of the prud' homale procedure in order to improve processing times.
The Conciliation Board, which has become the Conciliation and Orientation Board, is given the power to certify agreements and the task of guiding cases before the appropriate judgment panel if conciliation fails.
This text approves the creation of new judging panels adapted to different situations in order to improve processing times. The judging boards will thus be composed: or four prud' homal advisers, or a restricted training of two advisers who will have to rule within three months, or finally, a divisional panel, composed of four advisors and a judge of the court of first instance, which can now be called directly at the parties' request, and not only when the other panels have failed to reach an agreement.
The request for legal action shall be made either by a motion or by the voluntary submission of the parties to the Conciliation and Guidance Board. Referral to the Conseil de prud' hommes, even if incompetent, interrupts the statute of limitations (Art. R. 1452-1.).
The request shall be made, delivered or addressed to the clerk's office of the labour tribunal. On pain of invalidity, the application shall contain the information prescribed in article 58 of the Code of Civil Procedure. In addition, it shall contain a summary statement of the reasons for the request and shall mention each of the heads of the request. It shall be accompanied by the documents which the applicant wishes to rely on in support of its claims. These documents are listed on a form attached to it.
The application and the docket shall be drawn up in as many copies as there are defendants, in addition to the copy intended for the court or tribunal (Art. R. 1452-2.). These rules will be more binding for the applicant, who will have to give his or her legal arguments, documents and a document slip. Until 31 July 2016, it is still possible to submit a standard form with the various claims forms to the Labour Court.
Article R 1461-2 of the Labour Code is now worded as follows: "The appeal is brought before the social chamber of the Court of Appeal. It is formed, instructed and judged according to the procedure with compulsory representation."
This Article shall apply to appeals made on or after 1 August 2016. The old procedure will apply to all appeals filed before that date and until the final judgment is reached. Proceedings before the social chamber of the Court of Appeal will require that the appellant or respondent must be a lawyer. However, he will be able to be represented and assisted by a union defender created by the Macron law.
In addition, if the appeal is filed, heard and judged according to the procedure with compulsory representation, the procedure will be strict because it is written. The declaration of appeal shall contain the statements prescribed in Article 58 and the references to Article 901 of the CPC;
The registry office, which sends each respondent a copy of the statement of appeal and an indication of the duty to counsel, will notify the appellant's counsel if the respondent did not appoint counsel. The appellant shall serve the statement of appeal on the respondent within one month of the notice sent by the registry office and shall, under penalty of being declared null and void, indicate in the document of service that the respondent has fifteen days from the date of service to appoint a lawyer, failing which the case may be decided solely on the evidence provided by his opponent. Likewise, it must be informed that failing to conclude within the time limits of article 909 of the CPC, it is liable to be inadmissible. (Article 902 of the CPC);
If the declaration of appeal is not valid, the appellant must conclude the appeal within 3 months of the declaration of appeal (Article 908 of the CPC). The respondent will have to establish and serve its constitution on the appellant, as well as provide a copy of that constitution to the Registry. The respondent therefore has a period of two months from the notification of the submissions to notify and file his or her pleadings to be inadmissible. Furthermore, in a circular dated 5 July 2016, the Ministry of Justice confirmed the exemption of the tax stamp on appeal: "Although the appeal procedure in prud' homal matters is now governed by Articles 900 to 930-1 of the Code of Civil Procedure, it does not fall within the scope of Article 1635 bis P of the General Tax Code, which imposes a fee of €225 when the appointment of a lawyer is compulsory before the Court of Appeal,"the circular states.
You can also refer to our news on the Macron law for more details.
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