Chapter IV: Conciliation and judgement

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.

In the cases referred to in Articles R. 1454-12 and R. 1454-13, the case is referred to a subsequent hearing of the Judgement Committee in its restricted composition. The court clerk will notify by any means the party who has not been notified orally of the date of the hearing.

In the absence of conciliation or in the event of partial conciliation, the case is referred to the appropriate adjudication office, designated under the conditions provided for in Article L. 1454-1-1, on a date that the Chairman informs the parties present. The court clerk notifies by any means the parties who have not been notified orally of the date of the hearing. If the case is ready to be heard…