I echo a ministerial response from our Minister of Justice to a question asked by the deputy Christian Vanneste concerning the functioning of the Labor Courts, question asked on May 7th and answered, there is a few days, August 26th.
The complete texts of the questions and answers are available here .
The member wonders about the proportion of decisions favorable to the employee, knowing that with rare exceptions, it is he who seizes the Labor Court.
Indeed, the Labor Court has this particular in relation to the Court of Instance and the Tribunal de Grande Instance that it is always the same categories of people who are plaintiffs (the employee) and defendants (the employer) .
In summary, the member is astonished, even though the Conseil de Prud'hommes gives statistically more often the employee than the employer reason that only half of French people have a good opinion of the jurisdiction. In other words, despite the very high proportion of employees in France in relation to the number of employers, half of the population is not satisfied with the functioning of the tribunal prud'homale.
Hence his request for statistical data to the Garde des Sceaux and his questioning about the appropriateness of an in-depth reform of the jurisdiction.
The following figures are as follows:
- 71% of the judgments welcomed the requests on the merits
- 81% of the judgments welcomed the applications for interim measures
- 18.6% of the judgments were rendered in the tiebreaker hearing, 63.4% of which answered the employee's requests
- 62.5% of judgments were appealed and 11% of an appeal in cassation for confirmation rates of 54.8% on appeal and 80.1% in cassation, (I emphasize that this seemingly innocuous detail is actually of great importance)
The Guardian of the Seals deduces that "these rates do not allow to doubt the quality of the decisions rendered by these jurisdictions". It advocates, as an improvement, after the suppression of 62 labor tribunals, including the increase in the compensation of labor councilors. Remember that the hourly rate of the vacation is a little over eight euros.
What do I think of these figures?
Well, I think that as usual, with our dear Keeper of the Seals and as already recalled Eolas, in this article in which he awarded him his famous Busiris award for the alleged success of the law on recidivism and the penalties floor, we can say what we want to statistics.
Let us take these figures and examine them more closely by sticking especially to the specificity of the procedure prud'homale .
Remember that the latter is apparently simple since it is sufficient, to seize the Board of Labor, to fill out a simple pre-printed form.
It should also be remembered that, apart from being a furious, furious litigant, the majority of our fellow citizens do not like to get into the courts, even civil ones. Thus, the employee will consider entering the jurisdiction only after several unsuccessful attempts to find an amicable agreement with his employer and for requests that for him "sink" as a non-payment of salary or additional salary or the absence of issuance of documents (pay slips or documents of rupture).