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> GOVERNANCE - home > Employment protection legislation database - EPLex > France

France - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - France - 2012    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Absence of serious and genuine cause:
The judge awards compensation which as a minimum shall amount to 6 months' wages.

Remarks:
  • See art. L 1235-3 LC.

    In addition, when the dismissal is justified by a serious and genuine cause but the employer fails to observe the prescribed procedure for individual dismissals, compensation awarded by the judge cannot exceed one month's wages (art. L 1235-2 LC).

Reinstatement available: Yes

Remarks:
  • Art. L 1235-3 LC :
    The judge can prescribe reinstatement in case of absence of a serious and genuine cause.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. L 1411-1 LC: conciliation takes place before the conciliation section of the labour court "Conseil des Prudhommes".

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. L 1411-1 LC

Existing arbitration: No

Length of procedure: 10 month(s)

Remarks:
  • This duration is not specific to litigation procedures on individual dismissal but includes all cases brought before the "Conseil des Prud'hommes" for the year 2009.
    It does not include appeal procedures.

    Source: http://emploi.france5.fr/emploi/droit-travail/conflits/66844361-fr.php (last accessed in February 2011)

% of dismissals out of the total number of disputes: 70 %

Remarks:
  • Statistics for 2007 - Source: Study of the French Ministry of Justice (2009)
    (See: http://www.cabinet-catry.com/statistiques-des-conseils-des-prud-hommes_ad30.html)