Law - Political science - Administration

LAW AND PRACTICE OF LABOR LITIGATION

  • Duration

    1 year

  • Training structure

    Faculty of Law and Political Science

Presentation

  • Sales Manager: Lucas BENTO DE CARVALHO
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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.

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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 concerning protected employees
' Litigation concerning redundancies for economic reasons
' Litigation concerning 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

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Admission

How to register

Hold a law degree (L3) or equivalent
.

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