Book V: Collective disputes

The mediator shall summon the parties in accordance with the conditions set out in Article L. 2522-3.

After attempting, where necessary, to reconcile the parties, the mediator submits to them, in the form of a reasoned recommendation, proposals for the settlement of the points in dispute, within one month of his appointment. This period may be extended with their agreement. However, if the mediator finds that the dispute concerns the interpretation or disregard of legal provisions or contractual stipulations, he shall recommend that the parties submit the…

Once the parties have received the mediator’s proposal to settle the dispute, they may notify the mediator within a period of eight days, in accordance with the conditions laid down by regulation, that they reject the proposal. They shall state the reasons for their rejection. The mediator shall immediately inform the other organisation(s) involved in the dispute of these rejections and the reasons for them. At the end of the…

If the mediation attempt fails and after the expiry of a period of forty-eight hours from the date on which the disagreement was established, the mediator shall send the Minister responsible for labour the text of the reasoned and signed recommendation, together with a report on the dispute, as well as the reasoned rejections sent by the parties to the mediator. The conclusions of the mediator’s recommendation and the parties’…

When a party duly summoned in accordance with the conditions laid down in article L. 2523-4 fails to appear before the mediator for a legitimate reason or is not represented, the mediator shall draw up a report. This report is submitted to the administrative authority, which forwards it to the public prosecutor.

If the Ombudsman is knowingly denied access to documents that are relevant to the performance of his duties, he shall submit a report to the administrative authority, which shall forward it to the public prosecutor.