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Chapter V: Settlement of claims arising from employment contracts.

Article L625-1 of the French Commercial code

After verification, the mandataire judiciaire shall draw up, within the time limits set out in Article L. 143-11-7 of the Labour Code, statements of claims arising from a contract of employment, with the debtor heard or duly summoned. Statements of claims shall be submitted to the employees’ representative under the conditions provided for in Article L. 625-2. They are endorsed by the juge-commissaire, filed with the court registry and publicised…

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Article L625-2 of the French Commercial code

Statements of claims arising from employment contracts are submitted for verification by the judicial representative to the employees’ representative mentioned in Article L. 621-4. The mandataire judiciaire must provide the representative with all relevant documents and information. In the event of difficulties, the employees’ representative may contact the administrator and, if necessary, refer the matter to the official receiver. He is bound by the obligation of discretion referred to in…

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Article L625-3 of the French Commercial code

Lawsuits pending before the industrial tribunal on the date of the opening judgment are continued in the presence of the mandataire judiciaire and the administrator where he has a mission to assist or they are duly summoned. The judicial representative shall inform the court seised and the employees party to the proceedings of the opening of the proceedings within ten days.

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Article L625-4 of the French Commercial code

When the institutions mentioned in article L. 143-11-4 du code du travail refuse for any reason whatsoever to settle a claim appearing on a statement of claims arising from an employment contract, they shall make their refusal known to the mandataire judiciaire who shall immediately inform the employees’ representative and the employee concerned. The latter may refer the dispute to the industrial tribunal. The court-appointed agent, the debtor and the…

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Article L625-6 of the French Commercial code

Statements of claims arising from an employment contract, approved by the official receiver, as well as decisions rendered by the industrial tribunal, are entered on the statement of claims filed at the court registry. Any interested party, with the exception of those referred to in articles L. 625-1, L. 625-3 and L. 625-4, may lodge a claim or a third party objection under the conditions laid down by decree in…

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Article L625-7 of the French Commercial code

Debts arising from an employment contract are guaranteed in the event of the opening of safeguard proceedings: 1° By the lien established by Articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15 of the Labour Code, for the causes and amounts defined in the said articles; 2° By the lien of 3° of article 2331 and of 2° of article 2377 of the Civil Code.

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Article L625-8 of the French Commercial code

Notwithstanding the existence of any other claim, the claims guaranteed by the lien established in articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15 of the Labour Code must, by order of the official receiver, be paid within ten days of the pronouncement of the judgment opening the proceedings by the debtor or, where he has a mission to assist, by the administrator, if the debtor or the administrator…

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Article L625-9 of the French Commercial code

Without prejudice to the rules laid down in articles L. 625-7 and L. 625-8, claims arising from contracts of employment or apprenticeship contracts are guaranteed under the conditions laid down in articles L. 3253-2 to L. 3253-4, L. 3253-6 to L. 3253-21 and L. 8252-3 of the Labour Code.

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