Collective disputes arising between the employees and employers referred to in Article L. 2521-1 shall be the subject of negotiations either when the applicable collective agreements contain provisions to this effect, or when the parties concerned take the initiative.
All collective labour disputes may be submitted to conciliation procedures. Disputes which, for whatever reason, have not been submitted to a conventional conciliation procedure established either by the collective labour agreement or by a special agreement, may be referred to a national or regional conciliation commission. When the dispute arises in connection with the establishment, revision or renewal of a branch agreement or a professional or cross-industry agreement, the Minister…
The parties shall give every facility to the members of the conciliation boards to enable them to fulfil the function assigned to them.
The parties shall appear in person before the conciliation boards or, in the event of serious impediment, shall be represented by a person empowered to negotiate and conclude a conciliation agreement. Any legal entity that is a party to the dispute shall appoint a duly authorised representative with the power to negotiate and conclude a conciliation agreement. If one of the parties duly convened does not appear or is not…
When a party duly summoned in accordance with the conditions set out in article L. 2522-3 fails to appear before the conciliation commission for a legitimate reason or is not represented, the president of the commission will draw up a report. This report is submitted to the administrative authority, which forwards it to the public prosecutor.
At the end of the Conciliation Committee’s meetings, the Chairman will draw up minutes recording the agreement, total disagreement or partial disagreement of the parties, which will be notified to them immediately. The minutes shall specify the points on which the parties have reached agreement and those on which disagreement persists. The conciliation agreement is enforceable under the conditions set out in article L. 2524-5.
If the conciliation procedure fails, the dispute shall be submitted either to the mediation procedure under the conditions provided for in Chapter III, or to the arbitration procedure provided for in Chapter IV if both parties so agree.
The national or regional conciliation commissions include representatives of employers’ and employees’ organisations in equal numbers, as well as representatives of the public authorities, whose number may not exceed one third of the members of the commission. Sections responsible for departmental constituencies are organised within the regional commissions. Their composition corresponds to that of the regional commissions.
In public undertakings and public industrial and commercial establishments employing statutory staff, collective labour disputes may be submitted to conciliation procedures under the conditions defined in this section.
In each public undertaking or public institution concerned, a protocol drawn up by agreement between the management, the trade unions representing the staff and the minister responsible for the public undertaking or public institution sets out the procedure for examining collective labour disputes with a view to conciliation.
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75001, Paris France
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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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