What are the possible remedies after a ruling by the Labor Court?

Verified 13 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The labor council is competent to settle disputes between employer and employee.

After a judgment, there are several avenues of appeal to challenge the decision of the Labor Council.

Can we do call judgment? In what cases can the judgment be appealed? Do you need a lawyer to appeal the verdict? What happens if the defendant is not attending the trial hearing?

We are taking stock of these remedies.

The employee and the employer may each appeal of the judgment of the conseil de prud'hommes.

In principle, all decisions rendered by the Labor Court may be challenged before the the court of appeal.

There is, however 2 exceptions to this principle.

The parties cannot appeal of the judgment:

  • Where the Labor Council acts as a last resort, i.e. in the following cases:
    • The total value of the applicant's claims shall not exceed €5,000 (amounts under section 700 are not included)
    • The application is for the issuance of work certificates, pay slips or any other documents that the employer must issue
  • During a counterclaim in damages, based exclusively on the original application, if that new application exceeds €5,000.

In these 2 cases, they must seize the Court of Cassation to challenge.

The time limit for appealing shall be 1 month from notification or the significance of the judgment.

It is 15 days if the appeal follows an order of interlocutory.

The call is made to the court of appeal territorially competent on which the labor court initially seised depends.

No, not necessarily.

The parties may be represented by one of the following persons:

Yes, after the decision of the Court of Appeal, it is possible to form a appeal in cassation.

It's the last resort in a court case.

An appeal on a point of law is a means of appeal which allows one of the parties to challenge a court decision which it considers to be contrary to the law or where the procedure has not been followed.

The period for lodging an appeal shall be 2 months from the date of notification or significance of the appeal judgment.

Yes on defendant can do opposition to judgment.

This allows the defendant to to challenge a decision (e.g. judgment) rendered in his absence when he was not aware of the date of the hearing.

The case is retried by the same court.

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