Defining the dispute
A dispute may concern termination, remuneration, working time, a change in duties or the way the employment relationship has been performed. CSB Avocats assesses claims against established facts and the applicable rules, distinguishing each legal basis and alleged loss.
Admissibility, deadlines and available evidence are considered at the outset. The review is not limited to the employer’s characterisation of events or the stated reason for dismissal.
Organising the evidence
The contract and amendments are considered alongside correspondence, appraisals, organisational charts and remuneration records. In working time disputes, the firm prepares the employee’s evidence with regard to the applicable evidential rules and the records the employer may produce.
Where information is held by the company, the firm considers appropriate disclosure requests. Access to personal data is distinguished from a general request for documents and must respect the rights of others.
Conducting the proceedings
The firm prepares the claim, written submissions and evidence schedule, then represents the client before the French employment tribunal. It considers opportunities for conciliation and handles appeal proceedings where included in the engagement.
Urgent applications and evidence-gathering measures are assessed under the conditions governing each procedure. The client is kept informed of the stages, the opposing position and decisions to be made.