Duration
1 year
Training structure
Faculty of Law and Political Science
Presentation
- Head of Education: Lucas BENTO DE CARVALHO
Objectives
With more than 100,000 cases brought before labor courts, 23% of decisions handed down by courts of appeal, and nearly half of appeals to the Supreme Court, labor disputes account for a significant proportion of the cases heard each year.
At the same time, this litigation is highly complex. On the one hand, the fragmentation of jurisdictional powers— the CPH, Judicial Court, Local Court, Social Division, Administrative Court, Commercial Court, Alternative Dispute Resolution— regularly leads to a tangle of proceedings. On the other hand, the diversity of the 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 agreements— or in other relevant branches of law— civil law, procedural law, constitutional law, administrative law, company law, tax law, or even insolvency law— makes it difficult to master the various applicable legal frameworks.
Bringing together academics, judicial and administrative magistrates, labor inspectors, practitioners, lawyers, mediators, and occupational psychologists, this degree combines theoretical analysis with practical teaching. It enables students to acquire a solid level of knowledge and develop the skills necessary to understand labor disputes and anticipate how they may evolve.
Know-how and skills
- Mastering the legal frameworks for pre-litigation, litigation, and quasi-litigation in labor matters
- Select the most appropriate method of resolution (transaction, mediation, conciliation, state courts) to settle the dispute.
- Identify the points of contention by assessing the risks in order to manage the dispute process.
- Optimize your litigation strategy and anticipate emerging disputes.
- Identify and collect evidence to support litigation strategies.
Program
Schedule. The course, which is 188 hours long, will be conducted online from October through June. Each session will be recorded and made available to students via the University of Montpellier’s streaming platform.
Modules. The University Diploma consists of 9 modules that can be taken in their entirety or, for continuing education students, in blocks.
M1 - THE LEGAL AND JURISDICTIONAL FRAMEWORK FOR LABOR DISPUTES
· Labor standards
- Legal and contractual standards: How are they linked?
- Standards that go beyond legal requirements
. Constitutional Standards and the Practice of the QPC in Labor Law
. International Standards
· Labor courts
- CPH / Social Division of the Judicial Court
- CPH / Commercial Court
- CPH / Social Services Division / Criminal Court
· Time limits for filing appeals under labor law
· Taxation of Compensation Under Labor Law
- Litigation Strategies and Judicial Practices
M2: EVIDENCE IN LABOR DISPUTES
· The Burden of Proof in Labor Law
- The Burden of Proof
- Investigative measures by the labor court
· Presentation of Evidence
Evidence and Protection of Personal Data
- The Principle of Fairness in the Presentation of Evidence
- An employee's right to present evidence
- The Employer's Right to Evidence
M3: PREVENTION AND RESOLUTION OF LABOR DISPUTES, CONFLICTS, AND LITIGATION
· Mediation
- Mediation and Collective Disputes (Procedure Under Collective Bargaining Agreements)
. The Practice of Collective Mediation and Collective Disputes
. The Role of Labor Inspection in Resolving Collective Disputes
- Mediation and Individual Conflicts
. Individual Mediation Practice
· The transaction
· Arbitration
M4: LABOR DISPUTES
· The Conciliation and Guidance Office
· The Judging Panel
· Labor Court Summary Proceedings
· The appeals process
M5: ADMINISTRATIVE LABOR DISPUTES
· Litigation Involving Protected Employees
· Litigation Involving Dismissals for Economic Reasons
- The original economic rationale
- Validation and approval of the PSE
- Information and Consultation with Employee Representative Bodies
· Litigation Involving Administrative Fines
M6: THE DISPUTE OVER THE COLLECTIVE BARGAINING AGREEMENT
· Litigation through legal action
· Litigation by way of an exception
· Legal Disputes Regarding the Extension Order
M7: THE DISPUTE OVER COLLECTIVE REPRESENTATION
· Electoral disputes
· Labor disputes
· Disputes regarding expert opinions before the CSE
· Environmental Disputes in the Context of Information and Consultation with the CSE
M8: DISPUTES REGARDING THE PERFORMANCE OF EMPLOYMENT CONTRACTS
· Discrimination Litigation
· Litigation Regarding Workplace Discrimination
· Harassment Litigation
· Disputes over paid time off
M9: ACCOUNTING DATA IN LABOR DISPUTES
· Corporate Organizational Structures
· Balance Sheets and Income Statements
· Payroll
Each module will feature contributions from several professionals, practitioners, and magistrates whose experience will shed light on the topics covered.
Admission
Registration procedures
The university diploma is aimed at professionals and practitioners in the field of labor litigation: lawyers, labor court judges, union representatives, employee advisors, HR managers/directors, corporate lawyers, etc. The university diploma is also aimed at students who have completed a bachelor's degree in law or are enrolled in law school.
Tuition fees
|
Initial training (entire university diploma) |
360,00 € |
|
Continuing education (entire university diploma) |
3 000,00 € |
|
Exemption 1 – Scholarship recipients (entire university diploma) |
50,00 € |
|
Exemption 2 - Professionals without funding (entire DU) |
1 500,00 € |
|
Exemption 3 - Continuing education – Skill block rates 1 and 2 |
400,00 € |
|
Exemption 4 - Continuing education – Skill block rates 2, 4, 5, 7, and 8 |
600,00 € |
|
Exemption 5 - Continuing education – Skill block rate 6 |
300,00 € |