Law No. 2014-743 of July 1
, 2014 relating to the procedure applicable before the industrial tribunal in the context of an act of termination of the employment contract by the employee. This law creates article L.1451-1 of the Labor Code:
« When the industrial tribunal is seized of a request for qualification of the termination of the employment contract on the initiative of the employee because of facts that he accuses his employer, the case is brought directly before the office judgment, which decides on the merits within a period of one month following its referral. »
The hearing before the conciliation office is cancelled.
Pursuant to these provisions, employees who are forced to terminate their employment contract due to serious breaches for which they blame their employer, will have their situation dealt with before the judgment office of the Labor Court in the weeks following their taking action.
Indeed, it should be remembered that an employee taking note of the breach of his contract must seize the Council quickly to have it recognized that the breach is attributable to his employer.
Until this reform, employees taking note of the termination were forced to wait for the case to be discussed many months after their referral, a period of time during which they found themselves unable to register with the organizations. unemployment insurance in the absence of delivery by the employer of the end-of-contract documents.
From now on, the cases having vocation to be evoked on the bottom more quickly, the employees should see their situation being regulated more quickly.
However, in practice, the objective of speed pursued by the legislator is likely to come up against the congestion of the industrial tribunals which will undoubtedly have difficulty in hearing these cases at short notice. Especially since in this case, the need for the two parties to have concluded and exchanged their documents between the receipt of the summons by them and the hearing, will be very likely to cause a referral of the evocation of the file to a subsequent hearing…several months later.
