Bring a claim before the Conseil de prud'hommes
France's specialist labour court hears individual employment disputes with elected employer and employee judges sitting together.
- Timeline
- 12-18 months including the conciliation phase
- Cost
- No court fee; lawyer optional but common
- Steps
- 7 stages
Deadline — read this first
12 months to contest a dismissal; two years for contract performance disputes; three years for unpaid wages.
Who can file
Any employee or employer party to an individual employment dispute.
Step by step
- 1
Gather the employment file
Collect the contract, payslips, warnings, the dismissal letter and any collective agreement provisions relied on.
- 2
Identify the competent council
File where the work was performed, or where the employer is established for mobile workers.
- 3
Submit the requête
Lodge the claim form setting out each head of claim and its quantified amount, with the supporting documents listed.
- 4
Attend the bureau de conciliation
Two judges attempt settlement. Many cases resolve here, and the hearing is mandatory.
- 5
Proceed to the bureau de jugement
If conciliation fails, four judges hear the case; a professional judge breaks any deadlock.
- 6
Receive the judgment
Compensation for dismissal without real and serious cause is set by the barème Macron according to seniority.
- 7
Consider appeal
Appeal to the cour d'appel within one month of notification; representation is compulsory on appeal.
Documents you must produce
- Employment contract and amendments
- All payslips for the period in dispute
- Dismissal letter and preliminary interview invitation
- Applicable convention collective
- Quantified schedule of loss
Common mistakes that sink cases
- Failing to quantify each head of claim, which the council will not do for you.
- Overlooking the applicable collective agreement, which often improves on the Code du travail.
- Missing the 12-month dismissal deadline, which is shorter than many expect.
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