Section 2: Legal action by trade unions in the event of redundancies

When a trade union organisation intends to take legal action on behalf of an employee, in application of Article L. 1235-8, it notifies the employee by registered letter with acknowledgement of receipt. If the employee has not objected, the trade union organisation shall notify the employer in the same way of its intention to take legal action.

The registered letter with acknowledgement of receipt sent to the employee indicates the nature and purpose of the action envisaged by the representative trade union organisation. It also states: 1° That the action is being taken by the trade union organisation, which may itself appeal against the judgment; 2° That the employee may, at any time, intervene in the proceedings initiated by the trade union organisation or terminate the action;…

Once the period stipulated in 3° of article D. 1235-19 has elapsed, the employee’s tacit acceptance is deemed to have been obtained.