Article R1235-11 of the French Labour Code
November 5, 2023
If none of the parties appear, the court declares the proceedings terminated. This renders the order for payment null and void.
If none of the parties appear, the court declares the proceedings terminated. This renders the order for payment null and void.
The court will rule on the objection regardless of the amount of benefits claimed. The court’s judgment replaces the order for payment. If the amount of the claim exceeds the amount for which the court has final jurisdiction, the court will rule on the appeal.
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 ruled on the matter for possible revocation of the judgment on this point. Under no circumstances may the retraction call into question the res judicata between the employer and the dismissed employee, nor…
If no opposition is lodged within one month of notification of the order for payment, regardless of the method of notification, or if the employer who lodged the opposition withdraws his opposition, the institution may request that the order be declared enforceable.The order has all the effects of a contradictory judgement. It may not be appealed.
The request for the enforcement order shall be made to the court registry either by application or by letter.
The documents produced by the institution and kept provisionally at the court registry shall be returned to it at its request as soon as the opposition is lodged or the order is declared enforceable.
In the event of an appeal to the Court of Cassation against a decision which has found an employer guilty of dismissal without real and serious cause pursuant to the provisions of article L. 1235-3, the appeal to the Court of Cassation against the part of the decision which results in an order in favour of the employee affects the part of the decision which automatically orders the reimbursement of…
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.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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