Title III: Termination of open-ended employment contracts

I.-When a labour tribunal has ordered the reimbursement of unemployment benefit ex officio, the clerk of the labour tribunal, on expiry of the time limit for appeal, will send Pôle emploi a certified copy of the judgement, specifying whether or not an appeal has been lodged. This copy will be sent to the regional office of this establishment located within the jurisdiction of the court that handed down the judgement….

I.-For the application of article L. 1235-4, when the judgment ordering the offending employer to reimburse all or part of the unemployment benefits is enforceable, Pôle emploi may give formal notice to the employer to reimburse all or part of the unemployment benefits. II.The Director General of Pôle emploi will send the employer, by any means that provides a date certain upon receipt, a formal notice that includes: 1° The…

I.-If the formal notice remains without effect at the end of a period of one month from the date of its notification, the Director General of Pôle emploi may issue the constraint provided for in Article L. 1235-4. II – The enforcement order is served on the debtor by any means that gives a certain date of receipt or is served on the debtor by a bailiff’s deed. On pain…

The debtor may lodge an objection within fifteen days of notification of the constraint with the clerk of the court in whose jurisdiction the debtor’s registered office is located, if the debtor is a legal entity, or with the debtor himself, if the debtor is a natural person: 1° By declaration; 2° By any means that provides a date certain for receipt of the objection. The objection must state the…

Within eight days of receipt of the objection, the court registry shall inform the Director General of Pôle emploi by any means giving a date certain of the receipt of this information. As soon as he is aware of the objection, the Director General will send the court a copy of the summons and the formal notice, as well as proof of their receipt by the debtor.

The court clerk will summon the employer and Pôle Emploi by any means that provides a date certain for receipt of this summons at least fifteen days before the date of the hearing.

The parties are authorised to formulate their claims and arguments in writing without appearing at the hearing. The judgement rendered under these conditions is contradictory. The court may order the parties to appear before it. In this case, if none of the parties appear, the court declares the proceedings terminated. This will render the constraint issued by Pôle emploi null and void.

The court will rule on the objection regardless of the amount of benefit claimed. The court’s ruling replaces the constraint issued by Pôle emploi. The court’s decision may be appealed if the amount of the claim exceeds its final jurisdiction. Where it is subject to appeal, the court’s decision, ruling on the opposition, is enforceable de jure on a provisional basis.

If, in its opposition, the employer claims that the reimbursement of unemployment benefits was ordered in a case where such a measure is excluded by law, the court shall refer the case back to the court that gave the judgment for the purpose of possibly revoking the judgment on this point. Under no circumstances may the retraction call into question the res judicata between the employer and the dismissed employee,…

In the event of an appeal in cassation against a decision which has found an employer guilty of dismissal without real and serious cause or of dismissal being null and void pursuant to the provisions of Articles L. 1132-4, L. 1134-4, L. 1144-3, L. 1152-3, L. 1153-4, L. 1235-3 and L. 1235-11, the quashing of the head of the aforementioned decision entails the quashing of the head of the decision…