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Article L2522-10 of the French Labour Code

The conciliation procedure involves, under the chairmanship of the minister responsible for the public company or public establishment, the management of the public company or public establishment and representatives of the trade unions representing the staff. When the dispute concerns the remuneration of active or retired personnel, the representatives of the ministers responsible for labour, the budget and the economy are also involved.

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Article L2522-12 of the French Labour Code

In the absence of special procedures instituted in accordance with Article L. 2522-9, collective labour disputes in public undertakings and public industrial and commercial establishments with statutory status may be submitted to the conciliation procedure under ordinary law.

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Article L2523-1 of the French Labour Code

The mediation procedure may be initiated by the chairman of the conciliation commission who, in this case, invites the parties to appoint a mediator within a specified period in order to promote an amicable settlement of the collective dispute. This procedure may also be initiated by the administrative authority at the reasoned written request of one of the parties or on its own initiative.

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Article L2523-2 of the French Labour Code

Where the parties fail to agree on the appointment of a mediator, the latter shall be chosen by the administrative authority from a list of persons appointed on the basis of their moral authority and their economic and social expertise.

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Article L2523-3 of the French Labour Code

The lists of mediators are drawn up after consultation and examination of the suggestions of the representative employers’ and employees’ trade unions at national level, sitting on the National Commission for Collective Bargaining.

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Article L2523-5 of the French Labour Code

After attempting, where necessary, to reconcile the parties, the mediator submits to them, in the form of a reasoned recommendation, proposals for the settlement of the points in dispute, within one month of his appointment. This period may be extended with their agreement. However, if the mediator finds that the dispute concerns the interpretation or disregard of legal provisions or contractual stipulations, he shall recommend that the parties submit the…

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Article L2523-6 of the French Labour Code

Once the parties have received the mediator’s proposal to settle the dispute, they may notify the mediator within a period of eight days, in accordance with the conditions laid down by regulation, that they reject the proposal. They shall state the reasons for their rejection. The mediator shall immediately inform the other organisation(s) involved in the dispute of these rejections and the reasons for them. At the end of the…

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