Answer ... The court of first instance, acting as labour judge, is competent to deal with labour disputes. In particular, it deals with disputes involving:

• private employment agreements;
• agency agreements;
• other collaboration agreements resulting in the provision of continuous and coordinated work, mainly of a personal nature, even if not of a subordinate nature; and
• the labour relations of employees of public bodies (not referred to another court).

Labour proceedings have special characteristics and are inspired by the following principles:

• orality;
• immediacy;
• concentration; and
• strong investigative powers.

The proceedings begin with the filing of a complaint. The defendant then files a defensive brief in response. At the first hearing, the judge interrogates the parties, attempts to reach a settlement and assesses the admission of evidence. Usually, another hearing is scheduled for this. Once the preliminary investigation phase (if any), has ended, the judge will summon the parties for discussion and will then decide on the case.

One of the main features of labour proceedings is the wide-ranging powers of investigation vested in the judge, who may:

• admit any means of proof;
• request written and oral information;
• arrange access to the workplace; and
• make even those who are incapable to testify.

At the end of the hearing, the judge will pronounce judgment by reading out the order at the hearing, as well as the reasons in fact and in law for the decision. The first-instance judgment can be appealed before the competent court of appeal within six months of publication (or within 30 days of notification); while the second-instance judgment can be appealed before the Court of Cassation within six months of publication (or within 60 days of notification).

Answer ... Cases that are subject to labour proceedings must be brought by complaint. In this case the complainant must specifically indicate the means of proof and produce documents, on pain of preclusion of the complaint.

Once the appeal has been filed, the judge will, within five days, set a date for the discussion hearing, which must be held within the following 60 days. The defendant must enter an appearance 10 days before the hearing by filing a defence brief.

At the end of the discussion hearing, and having heard the conclusions of the parties, the judge will issue a judgment, reading out the relevant order.

In accordance with the new Article 411-bis of the Code of Civil Procedure: “The handling and decision of disputes concerning the challenge of dismissals in which a request for reinstatement in the workplace is made shall have priority.”