1 When trouble begins: contacting a union
Why hesitate? Didier Schneider immediately dismisses a received idea. “You can contact a trade union organization, or even several, even if you are not a union member” assures the author of the guide “Employees, how to avoid the pitfalls of dismissal”. But the option also has its limits. “Do not overestimate the power of a union organization, especially if it is not established in the company, warns this former union representative. In this case, we can often only ask for an outside look. It will not necessarily have the leverage to act, prevent or resolve the dispute within the company, being able only to advise, recommend and guide in its legal consequences. Or say to send a mail by dictating the sentences to write. But this is already a start.
“Many are slow to consult, for fear of spending too much, when they often have, without knowing it, legal coverage.”
2 To call your employer: ask the staff representative
Others will prefer another track, more established in the company. Patrick Le Rolland thus distinguishes employee representatives from union representatives. “The former represent the staff and have the particular mission of presenting to the employer individual and collective demands., specifies the author of the book “Gagner aux prud’hommes”. When union representatives lead union action inside and outside the company. The only limitation: these delegates are only present in companies with a minimum of 11 employees, and again, when someone is a candidate…
3 To enforce certain rights: alert the labor inspectorate
Their scope of action is supervised but can prove to be useful in certain cases. Your inability to perform certain tasks is not taken into account, Are you being forced into illegal overtime or your employer is slow to give you your employment contract? Labor inspectors have visitation rights and may require the employer to present certain legal documents to them. “”The labor inspectorate is in particular responsible for checking that companies correctly apply labor regulations,” recalls Jean Manière, author of the guide “Labor law: 100 questions to understand and act””. Labor inspectors are independent. They are sworn in and subject to professional secrecy. “”And if the labor inspectors find violations, they can send a warning to the employer or even draw up a report that can feed your file in the event of prosecution.
4 To ask a question or take legal action: contact a lawyer
When it comes to contacting a lawyer, it is often too late. “”This moment often comes only when the employee is already dismissed and outside,” laments Didier Schneider. But in some cases, there may also be grounds for legal action before this outcome. However, many are slow to consult, for fear of spending too much, when they often have, without knowing it, legal cover. “It is often associated, nested, in an insurance contract (multi-risk, mutual …). It is a means of obtaining legal advice, or even taking charge of the case by a lawyer. within the warranty limits provided for in the contract. By the way, the former union representative recalls that membership and membership in a union normally also provide legal protection. Finally, employees can also find out about the legal hotlines often organized throughout London: if these lawyers will not take charge of your entire file free of charge, they will at least tell you one procedure to follow.
5 During a layoff: call an employee adviser
But above all, it is never too late to get help… even when leaving the company. Thus, to ensure that the procedure is respected, it is better to be accompanied to the preliminary interview of dismissal. “In the absence of elected or appointed staff representatives, the employee can choose to be assisted by an external advisor of his choice, registered on a list drawn up by the prefect,” specifies Jean Manière. He assists and advises the employee in the exclusive context of the dismissal interview. “And his remarks, recorded in a report, could always be useful later.. In particular, if the employee decides to take industrial action …