Section 2: Conciliation and referral

The rules of procedure establish a rotation within the conciliation and referral office between all employee and employer conciliation officers. They may provide for certain labour arbitration advisors to be assigned to this office on a priority basis. The chairmanship alternates between the employee and the employer, according to a rotation established by these rules. The person who chairs the committee first is chosen by lot.

Meetings of the Conciliation and Referral Board are held at least once a week, unless no cases are scheduled. They are not open to the public.

In the absence of the chairman, or the vice-chairman called upon to chair the meeting of the Conciliation and Steering Committee, the chair may be held by a councillor who is a member of the assembly to which the defaulting chairman or vice-chairman belongs and who is appointed as substitute in the manner provided for in articles L. 1423-3 to L. 1423-8 and R. 1423-13. Failing this, the chair is…

The conciliation and referral office hears the parties’ explanations and endeavours to reconcile them. A report is drawn up.In the event of total or partial conciliation, the report mentions the content of the agreement reached. It shall state, where applicable, that the agreement has been enforced in whole or in part immediately before the conciliation and referral office.In the absence of total conciliation, the claims that remain contested and the…

In the event of conciliation, an extract from the minutes may be issued, stating whether the agreement reached is to be implemented immediately in full or in part. This is equivalent to a writ of execution.

If the claimant does not appear on the day set for the attempted conciliation without having provided proof in good time of a legitimate reason, article L. 1454-1-3 is applied, unless the conciliation and referral office decides to postpone the case to a subsequent hearing of the judgment office. The conciliation and referral office may also declare the application and summons null and void if the defendant does not seek…

If the defendant fails to appear on the day set for the attempted conciliation without having provided a legitimate reason in good time, article L. 1454-1-3 shall apply.

The conciliation and referral office may, notwithstanding any procedural exception and even if the defendant does not appear, order: 1° The issue, where applicable, under penalty of a fine, of work certificates, pay slips and any document that the employer is legally obliged to issue; 2° Where the existence of the obligation is not seriously disputable: a) The payment of provisions for wages, salary accessories and commission; b) The payment…

The total amount of the provisions allocated in application of 2° of article R. 1454-14 is calculated by the conciliation and referral office. It may not exceed six months’ salary calculated on the average of the last three months’ salary. The conciliation and referral office may provisionally liquidate the penalty payments it has ordered. When the article mentioned in the first paragraph is applied, the meetings of the conciliation and…

Decisions taken pursuant to articles R. 1454-14 and R. 1454-15 are provisional. They do not have the force of res judicata in the main proceedings. They are enforceable on a provisional basis, if necessary on the basis of the minutes. They are not subject to opposition. They may only be appealed against at the same time as the judgment on the merits, subject to the special rules governing expert appraisals.