Chapter III: Assistance and representation of the parties

The organisation responsible for the course will issue the employee with a certificate stating that he/she has attended the course. This certificate is given to the employer when the employee returns to work.

The employer is reimbursed monthly by the State for the salaries maintained in application of article L. 1453-6 as well as all the benefits and corresponding social security charges for which it is responsible. When working hours are longer than the legal working hours, the cost of additional overtime pay is shared between the State and the employer. This apportionment is made in proportion to the time spent by the…

The reimbursement provided for in article D. 1453-2-10 is made on the basis of a request made by the employer to the agency mentioned in article D. 1453-2-15. This request shall state the number of hours spent by the trade union representative during working hours to carry out his or her duties, as well as the other information required to calculate the sums due pursuant to the provisions of article…

Notwithstanding the provisions of article D. 1453-2-10, union representatives paid solely on a commission basis receive, within the limit of ten hours per month mentioned in article L. 1453-5, an hourly allowance equal to 1/1,900 of the professional income declared to the tax authorities. To this end, the person concerned shall produce a copy of his or her tax return and an income certificate issued by the employer(s). The request…

The hours spent by an employee exercising his professional activity outside any establishment, with the exception of the employees mentioned in article D. 1453-2-11, exercising trade union defence functions are considered, within the limit of ten hours per month mentioned in article L. 1453-5, as working hours and are paid as such by the employer. The employer is reimbursed in full under the conditions set out in article D. 1453-2-10.

The trade union defender is entitled to an allowance for travel to the hearing, the amount of which is set by joint order of the ministers responsible for the budget and labour. To this end, the court registry will issue a certificate of attendance at the hearing. The trade union representative must submit his request to the agency mentioned in Article D. 1453-2-15 and attach this certificate.

Requests for reimbursement or compensation are managed by the Agence de services et de paiement, with which the Ministry of Labour has concluded an agreement. The form and documents required for processing and payment must be received by the Agence de services et de paiement, the list of which is set by joint order of the ministers responsible for the budget and labour. The authorising officer and the accounting officer…

Employment tribunal proceedings are oral.

The parties may refer to any submissions they have made in writing. If the parties are not required to submit their observations and arguments in writing, these are noted in the case file or recorded in the minutes.

Where all the parties appearing make their claims in writing and are assisted or represented by a lawyer, they are required, in their pleadings, to expressly state the claims and the pleas in fact and in law on which each of these claims is based, with an indication for each claim of the documents relied upon. A list of the documents supporting these claims is attached to the pleadings. The…