Duration
1 year
Training Structure
School of Law and Political Science
Overview
- Academic Director: Lucas BENTO DE CARVALHO
Objectives
With more than 100,000 cases filed in labor courts, 23% of the decisions handed down by courts of appeals, and nearly half of the appeals to the Court of Cassation, labor disputes account for a significant portion of the cases heard each year.
At the same time, this type of litigation is highly complex. On the one hand, the fragmentation of jurisdictional authority— CPH, Judicial Court, Community Court, Social Division, Administrative Court, Commercial Court, and alternative dispute resolution mechanisms— regularly leads to a tangled web of proceedings. On the other hand, the diversity of applicable regulations—whether in labor law ( statutes, regulations, supra-legal norms, employment contracts, internal rules, CSR standards, and company, establishment, group, UES, industry, or interprofessional agreements) or in other relevant areas of law ( civil law, procedural law, constitutional law, administrative law, corporate law, tax law, or even the law governing businesses in financial distress— makes it challenging to navigate the various applicable legal frameworks.
Bringing together academics, judges from the judicial and administrative branches, labor inspectors, practitioners, legal professionals, a mediator, and an occupational psychologist, this degree program combines theoretical analysis with practical instruction. It enables students to acquire a solid foundation of knowledge and develop the skills necessary to understand labor disputes and anticipate how they will evolve.
Expertise and Skills
- Mastering the legal frameworks for pre-litigation, litigation, and quasi-litigation in labor law
- Select the most appropriate method of resolution (transaction, mediation, conciliation, state courts) to resolve the dispute.
- Identify points of contention by assessing risks to guide the dispute management process.
- Optimize your litigation strategy and anticipate emerging litigation.
- Identify and gather evidence to support litigation strategies.
Program
Schedule. The course, which lasts 188 hours, 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 do they relate to one another?
- 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 Present 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: DISPUTES 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 AN EMPLOYMENT CONTRACT
· Discrimination Litigation
· Litigation Regarding Workplace Discrimination
· Litigation Involving Harassment
· Disputes over paid time off
M9: ACCOUNTING DATA IN LABOR DISPUTES
· Corporate Organizational Structures
· Balance Sheets and Income Statements
· Payroll
Each module will feature presentations by several professionals, practitioners, and judges whose experience will shed light on the topics covered.
Admission
Registration Procedures
The University Diploma (DU) is intended for professionals and practitioners in the field of labor litigation: attorneys, labor court judges, union representatives, employee advisors, HR managers, in-house counsel, and others. The DU is also intended for students who have earned 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 € |
|
Exception 1 – Scholarship Recipients (Entire University Diploma Program) |
50,00 € |
|
Exemption 2 - Professionals without funding (entire university diploma) |
1 500,00 € |
|
Exemption 3 - Continuing Education – Fee Schedule for Competency Blocks 1 and 2 |
400,00 € |
|
Exemption 4 - Continuing Education – Fee Schedule for Skill Blocks 2, 4, 5, 7, and 8 |
600,00 € |
|
Exemption 5 - Continuing Education – Competency Block Rate 6 |
300,00 € |