Answer ... Dispute between an employer and an employee may be resolved through:

• litigation before the labour tribunal, which has exclusive jurisdiction over such matters; or
• a settlement agreement, which sets out the terms and conditions agreed by the parties in order to resolve their dispute.

Collective labour disputes (eg, cases brought by the social and economic committee or unions) are heard by the courts of general competence: the tribunaux judiciaires. The parties can also resolve their dispute through methods of alternative dispute resolution, such as conciliation, mediation or arbitration.

Answer ... Proceedings before the Labour Tribunal may be initiated by a complaint addressed to the clerk of the Labour Tribunal. The complaint must contain mandatory information and a summary statement of the reasons for each claim, together with the documents that the plaintiff wishes to invoke in support of the claims and a statement listing such documents.

In principle, the procedure involves two phases:

• a conciliation phase, during which parties are encouraged to reach agreement to resolve their dispute. If the parties reach agreement, the procedure ends; if they fail to reach agreement, the case will progress to the hearing phase. Exceptionally, urgent summary proceedings are exempt from the conciliation phase; and
• a hearing phase, during which the parties are heard by the Labour Tribunal, which will render its decision.

The duration of first-instance proceedings can vary significantly, depending on the case backlog, but will generally range between six and 12 months.

The first-instance decision of the Labour Tribunal may be appealed before the Court of Appeal within one month of notification of the decision to the parties or 15 days in case of the accelerated procedure.

The Court of Appeal’s decision can also be appealed before the French Supreme Court.

If a case proceeds through all instances of appeal, it usually takes between three and six years to resolve.