Conseil de prud’hommes : How to File a Claim and Overview of the Procedure
The Conseil de prud’hommes (French labour tribunal) is the court with jurisdiction to resolve individual disputes arising from private-law employment contracts. It rules on conflicts between employers and employees: contested dismissals, unpaid overtime, harassment, annulled negotiated terminations, discrimination. It is open to any employee or employer, without a mandatory lawyer, but the procedure is governed by precise rules that must be understood in order to defend one’s rights effectively.
1. Jurisdiction and organisation of the Conseil de prud’hommes
1.1 – The jurisdiction of the Conseil de prud’hommes
The Conseil de prud’hommes has jurisdiction over individual disputes arising from employment contracts between employers and employees, whatever the nature of the contract (open-ended CDI, fixed-term CDD, part-time, apprenticeship) (Art. L. 1411-1 of the Labour Code). It may also hear disputes concerning apprenticeship contracts or contested negotiated terminations.
It does not, however, have jurisdiction over:
- Collective labour disputes (strikes, collective agreements)
- Disputes involving public sector employees
- Disputes between partners or shareholders of a company
- Disputes falling within the jurisdiction of the commercial court (between companies)
1.2 – Bipartite organisation
The Conseil de prud’hommes is a bipartite court: its members are elected councillors, drawn in equal numbers from employee representatives and employer representatives. Where votes are equally split, a tie-breaking judge (juge départiteur), a professional magistrate from the civil court (tribunal judiciaire), is called upon to decide.
1.3 – Territorial jurisdiction
The territorially competent Conseil de prud’hommes is in principle that of the place where the employee performs their work, or of the establishment that carried out the recruitment (Art. R. 1412-1 of the Labour Code). Where work is performed at home or outside any establishment, the employee may bring the claim before the tribunal of their place of residence.
1.4 – The five sections
Each Conseil de prud’hommes is divided into five sections, each with jurisdiction over a specific sector of activity:
- Industry section: industrial and manufacturing sectors
- Commerce and commercial services section: retail, banking, insurance
- Agriculture section: agricultural and related activities
- Miscellaneous activities section: liberal professions, associations, personal services
- Management section: managerial staff and equivalents, across all sectors
2. How to bring a claim before the Conseil de prud’hommes
2.1 – The claim form (requête)
A claim is brought before the Conseil de prud’hommes by filing a claim form (requête) at the registry of the competent court (Art. R. 1452-1 of the Labour Code). Since 2017, the claim must be accompanied by a schedule of exhibits and must set out precisely the claimant’s heads of claim and the grounds on which they are based.
The claim may be:
- Filed directly at the registry of the Conseil de prud’hommes
- Sent by post (registered letter with acknowledgement of receipt)
- Filed online on the service-public.fr portal in certain jurisdictions
2.2 – The content of the claim
The claim must contain, on pain of inadmissibility, the following elements:
- The full contact details of the parties (claimant and respondent)
- The subject matter of the claim: the quantified and clearly formulated heads of claim
- A statement of grounds: the facts and legal basis of the claim
- The list of exhibits attached in support of the claim
Important note: quantify your claims precisely
Since the 2017 reform, the claimant must quantify their claims in the initial claim form. A claim that is unquantified or presented too vaguely may be declared inadmissible. It is therefore essential to calculate each head of claim precisely before filing: severance pay, salary arrears, damages, etc.
2.3 – Assistance and representation
Before the Conseil de prud’hommes, the parties may appear in person, be assisted or be represented (Art. L. 1453-1 of the Labour Code). Those authorised to represent the parties include:
- A lawyer
- A representative of a trade union or employer’s organisation
- A spouse, civil partner or cohabiting partner
- An employee or employer from the same sector of activity
Although a lawyer is not compulsory, legal representation is strongly recommended for complex cases or where the financial stakes are significant. Mastery of procedural rules, the quality of written submissions and knowledge of case law frequently make the difference between a case won and a case lost.
3. The conciliation and orientation bureau (BCO)
3.1 – The role of the BCO
Every case brought before the Conseil de prud’hommes first passes before the bureau de conciliation et d’orientation (BCO) (conciliation and orientation bureau), composed of two labour tribunal councillors (one employee representative, one employer representative) (Art. L. 1454-1 of the Labour Code). Its dual function is to:
- Bring about a settlement between the parties: reach an amicable agreement bringing the dispute to an end
- Refer the case: where conciliation fails, refer the file to the appropriate trial chamber
3.2 – Conciliation
Conciliation is an attempt to settle the dispute amicably. The BCO may put a settlement proposal to the parties. Where the parties reach an agreement, it is recorded in a conciliation record (procès-verbal de conciliation), which has the force of an enforceable title: it may be enforced in the same way as a judgment.
Where conciliation fails, the BCO issues a record of failed conciliation (procès-verbal de non-conciliation) and refers the case to the appropriate trial chamber.
3.3 – Interim measures the BCO may order
Even where conciliation fails, the BCO has its own powers: it may order interim measures against the employer, including in particular:
- Delivery of end-of-contract documents (employment certificate, France Travail attestation)
- Payment on account of sums due that are not genuinely in dispute
- Delivery of pay slips under penalty of a daily fine (astreinte)
3.4 – Referral of the case
At the conclusion of the BCO, the case is referred to:
- The trial chamber in restricted formation (formation restreinte, 2 councillors) for straightforward cases
- The trial chamber in full formation (formation complète, 4 councillors) for complex cases
- The summary proceedings chamber (formation de référé) for urgent measures
- The tie-breaking judge directly, by agreement of the parties, for complex cases
4. The trial chamber
4.1 – Procedure before the trial chamber
Before the trial chamber, the procedure is in principle oral: the parties present their arguments at the hearing. In practice, however, the parties file written submissions (conclusions) and a schedule of exhibits before the hearing, which the registry communicates to the opposing party.
The procedure unfolds in several stages:
- The exchange of written submissions between the parties (claimant, then respondent, then reply if applicable)
- The hearing: the parties or their representatives present their arguments orally
- Deliberation: the councillors retire to deliberate
- Delivery of judgment: in open court or by filing at the registry
4.2 – Summary proceedings (référé)
The summary proceedings formation of the Conseil de prud’hommes allows urgent measures to be obtained where the existence of an obligation is not genuinely in dispute. It may in particular order:
- Delivery of end-of-contract documents under penalty of a daily fine
- Payment on account of salaries manifestly due
- Cessation of a manifestly unlawful situation
Summary proceedings are a fast-track route: the hearing is generally fixed within a few weeks. The decision (summary order, ordonnance de référé) is provisional and may be superseded by a judgment on the merits.
4.3 – Timescales for judgment
Timescales before the Conseil de prud’hommes vary considerably depending on the court and the complexity of the case. On average, between 12 and 24 months should be allowed between the filing of the claim and the first-instance judgment. Certain courts, particularly in the Paris region, record longer delays. This underscores the importance of thorough case preparation from the outset.
Key point
In urgent cases (unpaid wages, end-of-contract documents not provided), summary proceedings can yield a decision within a few weeks, without waiting for the outcome of the substantive hearing. This is an avenue well worth considering where the employer’s debt is not genuinely disputed.
5. Limitation periods: acting before time runs out
5.1 – The general limitation period for claims relating to termination
The general limitation period for claims relating to termination of the employment contract is 12 months from notification of the termination (Art. L. 1471-1 of the Labour Code). This period applies in particular to claims challenging a dismissal, a negotiated termination, or a prise d’acte de la rupture.
5.2 – The limitation period for salary claims
Claims for payment of salary, overtime, bonuses or indemnities of any kind are subject to a 3-year limitation period running from the date on which the employee became aware of the facts (Art. L. 3245-1 of the Labour Code). In practice, this allows the employee to claim up to 3 years of salary arrears.
5.3 – The limitation period for discrimination and harassment claims
Claims based on discrimination or harassment are subject to a 5-year limitation period running from the date on which the discrimination was revealed or the last act of harassment occurred (Art. L. 1134-5 of the Labour Code and Art. 2224 of the Civil Code).
5.4 – Summary of principal limitation periods
| Type of claim | Limitation period | Start date |
|---|---|---|
| Challenge to termination (dismissal, negotiated termination) | 12 months | Notification of termination |
| Salary arrears, overtime, bonuses | 3 years | Date of awareness of the facts |
| Discrimination, moral or sexual harassment | 5 years | Revelation of facts or last act |
| Claims based on infringement of a fundamental freedom | 5 years | Date of awareness of the facts |
| Challenge to PSE approval | 2 months | DREETS decision |
Important note
These are limitation or preclusion periods: once the applicable period has expired, the claim is inadmissible, regardless of its merits and the evidence available. A prompt consultation with an employment lawyer following termination ensures that no right is lost to limitation.
6. Rights of appeal: the Court of Appeal and the Court of Cassation
6.1 – Appeal to the Court of Appeal
A judgment delivered by the Conseil de prud’hommes may be appealed to the social chamber of the competent Court of Appeal, within 1 month of notification of the judgment (Art. 538 of the Code of Civil Procedure). An appeal has suspensive effect: it suspends enforcement of the first-instance judgment, except in respect of orders accompanied by provisional enforcement.
Before the Court of Appeal, representation by a lawyer is mandatory for both parties. The procedure is written and governed by strict time limits set by the mandatory representation procedure in labour matters (PPRO, procédure prud’homale avec représentation obligatoire).
6.2 – Appeal on points of law to the Court of Cassation
A Court of Appeal judgment may be appealed on points of law to the social chamber of the Court of Cassation, within 2 months of service of the judgment. The Court of Cassation does not rehear the substance of the case: it reviews only whether the law has been correctly applied by the trial courts. In the event of a successful appeal, the case is remitted to a different Court of Appeal.
6.3 – Enforcement of the judgment
A labour tribunal judgment is enforceable from the date of its service. If the employer does not comply voluntarily, the employee may instruct a bailiff (commissaire de justice) to proceed with forced enforcement: attachment of earnings, freezing of bank accounts, seizure of assets. Provisional enforcement as of right applies to certain orders (delivery of documents, payments on account).
7. Frequently asked questions about the labour tribunal
No, a lawyer is not compulsory before the Conseil de prud’hommes at first instance. The parties may appear in person or be assisted by a trade union representative. However, the complexity of procedural rules, the need to quantify claims precisely and the significance of the financial stakes make legal assistance strongly advisable. Before the Court of Appeal, a lawyer is mandatory.
Timescales vary considerably depending on the court and the complexity of the case. On average, between 12 and 24 months should be allowed between the filing of the claim and the first-instance judgment. If the judgment is appealed, proceedings before the Court of Appeal may take a further 12 to 18 months. In the event of an appeal to the Court of Cassation, the procedure may extend over several years. In urgent cases, summary proceedings can yield a decision within a few weeks.
Yes. It is not necessary for the employment contract to have been terminated in order to bring a claim before the Conseil de prud’hommes. An employee still in post may bring proceedings for unpaid overtime, discrimination, harassment, a bonus claim, or any other breach of their contractual or statutory rights. The employer cannot sanction the employee for exercising this right, on pain of having the measure annulled for obstructing access to justice.
A prise d’acte de la rupture is a form of termination initiated by the employee, distinct from constructive dismissal under common law systems. It occurs where the employee alleges that the employer has committed sufficiently serious breaches to justify the termination (harassment, non-payment of wages, unilateral modification of the contract). If the labour tribunal judge recognises that the breaches are established and sufficiently serious, the prise d’acte produces the effects of a dismissal without real and serious cause. Otherwise, it produces the effects of a resignation. It is a high-risk course of action that requires prior analysis by an employment lawyer.
Yes. The Conseil de prud’hommes has jurisdiction over disputes between employers and employees in both directions. An employer may bring proceedings against an employee to obtain compensation for a loss caused by gross misconduct, to enforce a non-competition clause that has been breached, or to challenge a resignation that is in reality a disguised prise d’acte. Such claims are uncommon in practice but do arise.
8. Your employment lawyer for labour tribunal proceedings
Labour tribunal proceedings are more technically demanding than they appear: selecting the correct court, complying with limitation periods, quantifying claims precisely, assembling the evidence file, drafting written submissions, presenting oral argument. A procedural error can render a claim inadmissible or significantly undermine the party’s position. Whether you are an employee or an employer, prior analysis by a specialist lawyer allows the prospects of success to be assessed, opposing arguments to be anticipated and a robust case to be prepared.
As an employment law firm based in Paris 1st, Patchwork Avocats assists employees and companies at every stage of labour tribunal proceedings: from filing the initial claim through to enforcement of the judgment, including representation at hearings and, where necessary, appeal before the Court of Appeal.