This skill guides the drafting of claims before the Conseil de prud'hommes (French labour court) for an employee contesting their dismissal for serious misconduct and seeking reclassification as a dismissal without real and serious cause.
Information to collect BEFORE starting the drafting
Before drafting the claim, it is essential to collect the following information from the user:
1. INFORMATION ABOUT THE EMPLOYEE (Claimant)
- Surname and first name
- Date and place of birth
- Nationality
- Full address
- Occupation/position held
2. INFORMATION ABOUT THE EMPLOYER (Defendant)
- Company name
- Legal form (SAS, SARL, SA, Association, etc.)
- SIRET number
- RCS number and city of registration
- Registered office address
- Company workforce (< or > 11 employees)
- APE code
- Applicable collective agreement (name and IDCC number)
3. INFORMATION ABOUT THE EMPLOYMENT RELATIONSHIP
- Date of hire
- Type of contract (written permanent contract)
- Qualification/function
- Status (Manager or Non-manager)
- Average gross monthly salary (calculated over the last 3 or 12 months)
- Length of service (calculated as at the date of dismissal)
- Place of work
4. INFORMATION ABOUT THE DISMISSAL PROCEDURE
- Date of the summons to the preliminary interview
- Date of the preliminary interview
- Date of notification of dismissal (date of the letter)
- Reason given by the employer in the dismissal letter
- Exact content of the dismissal letter (if available)
5. INFORMATION ABOUT THE FACTS
- History of the employment relationship (duration, any incidents, appraisals)
- Context of the dismissal (events preceding the dismissal)
- Grievances raised by the employer
- Employee's arguments contesting these grievances
- Available evidence (testimonies, emails, documents, etc.)
- Attempt at amicable resolution (if applicable)
6. INFORMATION ABOUT THE LAWYER (if represented)
- Surname and first name
- Bar
- Bar identification number (if Paris Bar)
- Law firm address
- Telephone and email
7. FINANCIAL CLAIMS SOUGHT
Explain to the employee the various possible compensations and help them calculate them:
- Compensation for dismissal without real and serious cause (legal minimum depending on length of service and workforce)
- Statutory redundancy pay
- Compensation in lieu of notice
- Paid leave relating to the notice period
- Reinstatement of salary (if unjustified protective layoff)
- Damages for distinct losses (if applicable)
- Reimbursement of unemployment benefits (if applicable)
Drafting Workflow
Phase 1: Information Gathering
Collect all the information listed above interactively with the user. See conseils-variations.md for an example dialogue.
Phase 2: Calculation of Compensation
Calculate the amounts of the various compensation payments. Consult calculs-indemnites.md for the formulas and scales.
Phase 3: Drafting the Claim
Draft the claim following the 9-part structure. Consult structure-requete.md for the complete template.
Phase 4: Verification and Finalization
Check the consistency of the document. See the "Finalization" section in conseils-variations.md.
Phase 5: Creation of the Document
Create the final document in .docx format and present it to the user.
Detailed References
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Structure of the claim : See structure-requete.md for the complete template of the 9 parts (header, identification of the parties, legal notices, reminder of the facts, statement of grounds, requests, for these reasons, signature)
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Calculation of compensation : See calculs-indemnites.md for the formulas for calculating the reference salary, seniority, statutory severance pay, notice period, and the scale of compensation for dismissal without real and serious cause
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Advice and variations : See conseils-variations.md for the key case law, drafting advice, points of vigilance, example dialogues, variations depending on situations, and the finalization checklist