Estimated reading time (in minutes)
Industrial tribunal reform In our previous news article, we discussed the contributions of the Macron law to the reform of the industrial tribunal procedure. Now, we dig deeper into the reforms and their impact on labor dispute processing times .
Reform the Labor Court procedure: strengthen the settlement of labor disputes: –
The implementation of a decree, in accordance with the law of August 6, 2015 , led to significant changes in the industrial tribunal procedure and the judicial treatment of labor disputes. This reform aims to rationalize and speed up the various stages of the procedure.
One of the notable changes is the transformation of the Conciliation Office into a Conciliation and Guidance Office. This new office was empowered to approve settlements and refer cases to the appropriate court formation if conciliation efforts failed.
Main changes in the Prud’homale procedure: rationalization of processing times: –
The reform also introduces the creation of new court formations adapted to different situations, further extending processing times. These judgment offices will be made up either of four industrial tribunal advisers, or of a restricted formation of two advisers who must render a decision within three months. In addition, a tie-breaking formation, made up of four advisers and a judge from the tribunal de grande instance, can now be seized directly at the request of the parties, without exhausting the other formations.
Legal action in a labor dispute can be initiated by a request or a voluntary presentation before the Bureau de Conciliation et d’Orientation. The referral to the industrial tribunal, even deemed incompetent, interrupts the prescription. The request must be filed or addressed to the labor court registry, respecting the particulars prescribed by the code of civil procedure. He must provide a brief statement of the reasons for the request, specifying each of the requests and accompanied by supporting documents.
Until July 31, 2016, it is still possible to lodge a complaint with the industrial tribunal using a standard form with different heads of claim.
Regarding appeals, article R 1461-2 of the labor code specifies that they must be brought before the social chamber of the court of appeal and follow the compulsory representation procedure. Appellants and Respondents are required to be represented by counsel , either through their lawyers or with the assistance of a union defender created under the Macron law. The appeal procedure is strictly written and must comply with specific formalities provided for by the Code of Civil Procedure.
It should be noted that the circular from the Ministry of Justice of July 5, 2016 confirms the exemption from the tax stamp on appeal, specifying its non-applicability to industrial tribunal matters.
The reforms bring about substantial changes in the settlement of labor disputes, ensuring more efficient and streamlined processes. For more detailed information, you can refer to our previous Macron Law news .
