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Title II: Procedure for settling collective disputes

Article L2521-1 of the French Labour Code

The provisions of this Title apply to private-law employers and their employees. They also apply to 1° Public establishments of an industrial and commercial nature ; 2° Public establishments providing both an administrative and an industrial and commercial public service, when they employ staff under private law conditions.

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Article L2521-2 of the French Labour Code

Collective disputes arising between the employees and employers referred to in Article L. 2521-1 shall be the subject of negotiations either when the applicable collective agreements contain provisions to this effect, or when the parties concerned take the initiative.

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Article L2522-1 of the French Labour Code

All collective labour disputes may be submitted to conciliation procedures. Disputes which, for whatever reason, have not been submitted to a conventional conciliation procedure established either by the collective labour agreement or by a special agreement, may be referred to a national or regional conciliation commission. When the dispute arises in connection with the establishment, revision or renewal of a branch agreement or a professional or cross-industry agreement, the Minister…

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Article L2522-3 of the French Labour Code

The parties shall appear in person before the conciliation boards or, in the event of serious impediment, shall be represented by a person empowered to negotiate and conclude a conciliation agreement. Any legal entity that is a party to the dispute shall appoint a duly authorised representative with the power to negotiate and conclude a conciliation agreement. If one of the parties duly convened does not appear or is not…

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Article L2522-4 of the French Labour Code

When a party duly summoned in accordance with the conditions set out in article L. 2522-3 fails to appear before the conciliation commission for a legitimate reason or is not represented, the president of the commission will draw up a report. This report is submitted to the administrative authority, which forwards it to the public prosecutor.

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Article L2522-5 of the French Labour Code

At the end of the Conciliation Committee’s meetings, the Chairman will draw up minutes recording the agreement, total disagreement or partial disagreement of the parties, which will be notified to them immediately. The minutes shall specify the points on which the parties have reached agreement and those on which disagreement persists. The conciliation agreement is enforceable under the conditions set out in article L. 2524-5.

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Article L2522-6 of the French Labour Code

If the conciliation procedure fails, the dispute shall be submitted either to the mediation procedure under the conditions provided for in Chapter III, or to the arbitration procedure provided for in Chapter IV if both parties so agree.

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Article L2522-7 of the French Labour Code

The national or regional conciliation commissions include representatives of employers’ and employees’ organisations in equal numbers, as well as representatives of the public authorities, whose number may not exceed one third of the members of the commission. Sections responsible for departmental constituencies are organised within the regional commissions. Their composition corresponds to that of the regional commissions.

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Article L2522-8 of the French Labour Code

In public undertakings and public industrial and commercial establishments employing statutory staff, collective labour disputes may be submitted to conciliation procedures under the conditions defined in this section.

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