Help with prudhommes
#1
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Joined: May 2020
Posts: 1
Help with prudhommes
I am having continuous problems with my employer. I was meant to be on dismissal procedure during covid 19 then suddenly they terminated my contract stating that I have resigned without any notice period or indemnities. I have a CDI and I have requested a CGT member to monitor from the very start, however I have yet to recieve any replies from him.
I want to contact prudhommes however would I be able to send them an electronic form via email? Also the prud hommes form is very complicated and my French is very limited.
Please help!
I want to contact prudhommes however would I be able to send them an electronic form via email? Also the prud hommes form is very complicated and my French is very limited.
Please help!
#2
Lost in BE Cyberspace
Joined: Jan 2012
Location: Dépt 61
Posts: 5,254
Re: Help with prudhommes
https://www.service-public.fr/partic...osdroits/F2360
explains the full process.
A language barrier will make communication difficult though - you need to explain the problem and you also need to understand their reply and respond to that. I think you need to find a local solution ot overcoming that. If you don't have a friend / colleague / ex-colleague who could help, I guess you need to consider hiring a translator./ interpreter. Usually in this kind of case, big chunks of the Labour Code gets quoted, because it's all about establishing exactly what rights have been infringed it's not the easiest text to understand and any misunderstanding could confuse things.
Good luck with it.
explains the full process.
A language barrier will make communication difficult though - you need to explain the problem and you also need to understand their reply and respond to that. I think you need to find a local solution ot overcoming that. If you don't have a friend / colleague / ex-colleague who could help, I guess you need to consider hiring a translator./ interpreter. Usually in this kind of case, big chunks of the Labour Code gets quoted, because it's all about establishing exactly what rights have been infringed it's not the easiest text to understand and any misunderstanding could confuse things.
Good luck with it.
#3
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,890
Re: Help with prudhommes
https://www.service-public.fr/partic...osdroits/F2360
explains the full process.
A language barrier will make communication difficult though - you need to explain the problem and you also need to understand their reply and respond to that. I think you need to find a local solution ot overcoming that. If you don't have a friend / colleague / ex-colleague who could help, I guess you need to consider hiring a translator./ interpreter. Usually in this kind of case, big chunks of the Labour Code gets quoted, because it's all about establishing exactly what rights have been infringed it's not the easiest text to understand and any misunderstanding could confuse things.
Good luck with it.
explains the full process.
A language barrier will make communication difficult though - you need to explain the problem and you also need to understand their reply and respond to that. I think you need to find a local solution ot overcoming that. If you don't have a friend / colleague / ex-colleague who could help, I guess you need to consider hiring a translator./ interpreter. Usually in this kind of case, big chunks of the Labour Code gets quoted, because it's all about establishing exactly what rights have been infringed it's not the easiest text to understand and any misunderstanding could confuse things.
Good luck with it.
@Tang515 - I posted the same link as above in reply to a recent thread and can see that the Requête is already daunting if your French is limited.
I would add that, if the CGT delegate hasn't replied, maybe he gives priority to Union members, in which case you could consult a non-Union delegate.
I'm a little confused by your situation. I understand that you're in the throes of being "dismissed" due to Covid 19, presumably for economical reasons. Did your firm inform you of this by LRAR (registered letter with acknowledgement card), specifying "économique"? Likewise, was the latest communication sent by LRAR and did it specifically refer to a letter of resignation from you? Terminations of contracts from either party must always be sent LRAR, otherwise they aren't legally valid.
Whoever helps you to fill in the Requête, you must send it LRAR to the Greffe of your local Conseil de Prud'hommes (cf link), not by mail nor by depositing it in their letter-box.
I hope you find some one on the spot to help during the Hearing before the Judge, probably against payment to a professional (interpreter/lawyer) if a délegate can't defend you against the employer's lawyer.
Good luck from me, too...
P.S. I forgot to ask whether you are one of several in the same boat. If you aren't the only one, you could group together and file the French equivalent of a "class action" (recours collectif) before the CPH and share expenses....
Last edited by dmu; May 25th 2020 at 11:18 am.