French Labour law - Prud'hommes: the advantages to conciliate through the “barème de conciliation” (article D. 1235-21 of the French Labor Code)
The agreement must then provide for "payment by the employer to the employee of a lump sum compensation", the amount of which is determined by article D.1235-21 of the Labor Code, depending on the seniority of the employee at the within the company:
|Seniority of the employee in the company||Applicable « Indemnité forfaitaire de conciliation »|
|Inférieure à un an||2 months of salary|
|Between 1 and 8 years||3 months of salary + one month per additional year up to 8 years seniority|
|Between 8 years and less than 12 years||10 months of salary|
|Between 12 years and less than 15 years||12 months of salary|
|Between 15 years and less than 19 years||14 months of salary|
|Between 19 years and less than 23 years||16 months of salary|
|Between 23 years and less than 26 years||18 months of salary|
|Between 26 years and less than 30 years||20 months of salary|
|Above 30 years||24 months of salary|
Nevertheless, with regard to the letter of the text, it appears that only disputes relating to the termination of the employment contract of indefinite duration can benefit from this device.
Indeed, Article L.1235-1, paragraph 2 of the Labor Code provides that "The minutes recording the agreement constitutes waiver by the parties to all claims and indemnities relating to the termination of the employment contract provided for in this chapter. ".
Therefore, it appears that in the presence of a request for overtime, non-payment of wages or any other request not related to the termination of the employment contract, the flat rate of conciliation not intended to apply.
To read all the article, please click on the link below
Frédéric CHHUM, avocat and member of the Paris Bar Council (conseil de l’ordre des avocats de Paris)
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 4 rue Bayard 75008 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: 25, rue Gounod 59000 Lille tel: 0320135083