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

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

In principle, all decisions of the Labor Court may be challenged before the Court. 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  (in particular, the legal costs of the opposing party are not taken into account)
  • The application is for the issuance of work certificates, pay slips or any other documents that the employer is required to 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 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:

• Trade Union Advocate
• Lawyer.

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, the 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.