Duration
1 year
Training structure
Faculty of Law and Political Science
Presentation
- Sales Manager: Lucas BENTO DE CARVALHO
Objectives
With over 100,000 actions brought before the
prud'hommes councils, 25,000 decisions handed down by the Courts of Appeal and
35% of appeals to the Supreme Court, labor litigation will account for
a considerable proportion of the cases heard in 2021.
At the same time, this litigation is highly complex.
On the one hand, the fragmentation of jurisdictions - CPH,
Tribunal judiciaire, Chambre de proximité, Pôle social, Tribunal
administratif, Tribunal de commerce, Modes alternatifs de
règlement des litiges - regularly results in a tangle of procedures
. On the other hand, the diversity of standards in force,
whether in labor law - laws, regulations, supra-legal
standards, employment contracts, internal regulations, CSR standards,
company, establishment, group, UES, branch
or interprofessional - or other branches of law concerned
- civil law, procedural law, constitutional law, administrative law,
company law, tax law or even law governing companies in
difficulty - makes it tricky to master the various legal frameworks
applicable.
Bringing together academics, magistrates from the judicial and
administrative orders, labor inspectors, practitioners, lawyers, mediators
and labor psychologists, this diploma combines theoretical analysis
and practical teaching. It enables students to acquire a solid level of
knowledge and develop the skills needed to
understand labor litigation and anticipate its evolution.
Program
BLOCK 1: THE LEGAL AND JURISDICTIONAL FRAMEWORK OF LABOUR LITIGATION (18h)
' Labour standards
' Labour courts
' Time limits for appeals in labour law
' Taxation of compensation in labour law
BLOCK 2: EVIDENCE IN EMPLOYMENT LITIGATION (26h)
' Sharing the burden of proof
' Measures of instruction by the industrial tribunal
' Evidence and protection of personal data
' Fairness of evidence
' The right to evidence
BLOCK 3: PREVENTION AND RESOLUTION OF DISPUTES, CONFLICTS AND LITIGATION (18h)
' Individual mediation
' Group mediation
' Transaction
' Arbitration
' Practical legal tools for negotiation
(cross-disciplinary)
BLOCK 4: PRUD'HOMAL LITIGATION (26h)
' The conciliation and referral office
' The judgment office
' The summary proceedings
' The appeals procedure
BLOCK 5: ADMINISTRATIVE LABOUR LITIGATION (30h)
' Litigation involving protected employees
' Litigation involving redundancies for economic reasons
' Litigation involving administrative fines
BLOCK 6: LITIGATION OF COLLECTIVE AGREEMENTS
(13 h)
' Litigation by way of action
' Litigation by way of exception
BLOCK 7: COLLECTIVE REPRESENTATION LITIGATION
(23 h)
' Electoral litigation
' Trade union litigation
' Expertise litigation before the CSE
' Environmental litigation in the information /
consultation of the CSE
BLOCK 8: DISPUTES RELATING TO THE PERFORMANCE OF THE EMPLOYMENT CONTRACT (23h)
' Litigation concerning discrimination
' Litigation concerning professional inequality
' Litigation concerning harassment
Admission
How to register
Hold a law degree (L3) or equivalent
.