Section actions
Who this guide is for
Section actions
- You if the employer does not pay, dismiss or breach the contract
- You if amicable attempts (warning, inspection) have failed
- You if you hesitate to initiate proceedings in your situation
To be prepared in advance
Section actions
- All documents: contract, payroll, correspondence, inspection decisions
- Quantification of claims (amounts, allowances)
- The history of amicable attempts (warning, conciliation)
Step-by-step procedure
Section actions
- 1Before the court, try other ways: formal notice to the employer, complaint to the labour inspectorate, conciliation (via inspection or union). Often it resolves without trial.
- 2Check the prescription: most wage claims — 2 years (reform 2018); for certain facts (harassment, discrimination) — up to 3 or 5 years. Tarder loses the right.
- 3Enter the Pruds' Council from your place of work. Forms on service-public.fr. Filing online, in writing or through a lawyer. Indicate facts, requests, encryption.
- 4First hearing — conciliation board: attempt at amicable agreement. In case of agreement — binding decision. Otherwise, referral to the trial office.
- 5Bench: hearing with hearing of the parties. You can defend yourself alone or via a lawyer/union. Decision rendered after weeks to months.
- 6Legal aid: If your income is below the ceiling, the state takes care of the lawyer. Demande sur service-public.fr.
- 7After decision: possible appeal to the Court of Appeal within one month. The decision is enforceable after the order has been issued (via Commissioner of Justice for Recovery).
Common mistakes
Section actions
- Go directly to court without notice or conciliation — the judge may judge the dispute prematurely.
- Pass the prescription (2 years for most) — the right is lost.
- Entering applications without encryption — the decision will be less.
- Do not mobilise legal aid — pay full-fare lawyer without need.
- Ignoring the conciliation office: an amicable agreement is often more advantageous.
Official sources
Section actions
Important remark
Labour disputes are complex and factual. This information is indicative — for your case, consult a union, France Travail or a labour lawyer.
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