In each public undertaking or public institution concerned, a protocol drawn up by agreement between the management, the trade unions representing the staff and the minister responsible for the public undertaking or public institution sets out the procedure for examining collective labour disputes with a view to conciliation.
The conciliation procedure involves, under the chairmanship of the minister responsible for the public company or public establishment, the management of the public company or public establishment and representatives of the trade unions representing the staff. When the dispute concerns the remuneration of active or retired personnel, the representatives of the ministers responsible for labour, the budget and the economy are also involved.
The agreements reached at the end of the conciliation between the parties involved in this procedure are recorded in the minutes of the meetings and are binding on the parties.
In the absence of special procedures instituted in accordance with Article L. 2522-9, collective labour disputes in public undertakings and public industrial and commercial establishments with statutory status may be submitted to the conciliation procedure under ordinary law.
Decrees in the Conseil d’Etat shall determine the terms and conditions for the application of this chapter.
The mediation procedure may be initiated by the chairman of the conciliation commission who, in this case, invites the parties to appoint a mediator within a specified period in order to promote an amicable settlement of the collective dispute. This procedure may also be initiated by the administrative authority at the reasoned written request of one of the parties or on its own initiative.
Where the parties fail to agree on the appointment of a mediator, the latter shall be chosen by the administrative authority from a list of persons appointed on the basis of their moral authority and their economic and social expertise.
The lists of mediators are drawn up after consultation and examination of the suggestions of the representative employers’ and employees’ trade unions at national level, sitting on the National Commission for Collective Bargaining.
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
