Facing an employer, an employee is often in a position of weakness: the rules are complex, the time limits short, and what is at stake — your job, your income — is considerable. Attorney at the Mulhouse Bar, I act for employees in French employment law, both in an advisory capacity and before the courts. My role is to restore the balance, to set out your rights plainly, and to assert them with determination. Meetings and correspondence can be held in English.
If you work in Switzerland or Germany, read this first
Living in France does not mean that French employment law governs your contract. Where the work is performed abroad, both the court having jurisdiction and the law applicable to the employment relationship depend on the place of work, on the terms of your contract and on the applicable international rules. This must be established before anything else, because it determines which court can be seised and which rules apply. Do not assume that the French labour court has jurisdiction: it is the first question I check.
The situations I handle
I act for employees faced, in particular, with the following situations.
Dismissal
Dismissal on personal or economic grounds, or for misconduct: any dismissal may be challenged if it is unjustified or procedurally irregular. I examine the procedure followed, the grounds relied upon and the evidence, in order to determine whether your dismissal rests on a real and serious cause — and, failing that, to obtain the compensation due to you.
Termination of the employment contract
Termination is not limited to dismissal. Rupture conventionnelle (termination by mutual agreement, whose balance I check and whose terms I negotiate), prise d'acte or judicial termination where the employer is in serious breach of its obligations: each route has its own consequences. I help you choose the one that best protects your interests.
Harassment and discrimination
Moral or sexual harassment and discrimination are prohibited and heavily sanctioned. These situations are hard to live through and hard to prove: I help you build a solid file, with respect for your account of the facts, so that what you are subjected to is recognised.
Overtime and unpaid wages
Unpaid overtime, forgotten bonuses, incomplete wages: you may claim what you are owed. I quantify your claims and, where necessary, bring proceedings for payment of the sums due.
What you can obtain
Depending on your situation, proceedings may pursue several objectives: recognition that the dismissal was without real and serious cause, or void, together with the corresponding compensation; payment of the sums due (wage arrears, overtime, bonuses); damages in case of harassment or breach by the employer; and the delivery or correction of your end-of-contract documents (work certificate, France Travail statement, final settlement). We set realistic objectives together, in the light of your evidence and of the case law.
The conseil de prud'hommes, in practice
Individual disputes between an employee and their employer fall within the jurisdiction of the conseil de prud'hommes, the French labour court. As a rule, proceedings begin before the bureau de conciliation et d'orientation (conciliation and case management panel). Failing agreement, the case is prepared for trial — exchange of written submissions and evidence, within the time limits set by the court — before being argued before the bureau de jugement, the panel that decides the case.
I prepare your file from start to finish — account of the facts, evidence, calculation of the sums claimed, strategy — and I argue your case myself, in Mulhouse as well as in Colmar, Strasbourg or Belfort. You are never alone at the hearing.
Negotiating before and during proceedings
Not everything is necessarily decided by a judge. Negotiation conducted at the right moment — before proceedings are issued, or even while they are pending — often makes it possible to reach a fair settlement, more quickly and without the uncertainty of a judgment. I negotiate firmly in your interest, and I only advise you to settle if the terms are genuinely favourable to you.
Act within the time limits
In employment matters, time works against you. Two essential markers:
- to challenge a dismissal, you have, as a rule, twelve months from the notification of the termination of the contract (Article L. 1471-1 of the French Labour Code) — claims relating to the performance of the contract are subject to a two-year period under the same article;
- to claim wage arrears or unpaid overtime, the action is subject to a three-year limitation period and may cover the sums due for the last three years (Article L. 3245-1 of the French Labour Code).
Once these periods have expired, your claim may be inadmissible, however strong your case was on the merits. Hence a simple rule: seek advice early.
How I work with you
Every case begins with a discussion, to understand your situation and to set out your rights and options without evasion. I then assist you throughout, with strict respect for professional secrecy, until your matter is resolved. Fee arrangements are defined clearly from the outset, in a written fee agreement, as French professional rules require.
One practical point: while advice and correspondence can be in English, proceedings before the French courts are conducted in French — written submissions and hearings are in French, and documents in another language are generally produced with a translation. I take care of this and explain each step to you as we go.
A dispute with your employer in Mulhouse or the Haut-Rhin? Do not wait for the time limits to expire.
Frequently asked questions
How long do I have to challenge my dismissal in France?
As a rule, twelve months from the notification of the termination of your contract to bring proceedings before the conseil de prud'hommes (Article L. 1471-1 of the French Labour Code). Claims relating to the performance of the contract, rather than its termination, are subject to a two-year limitation period. Once these periods have expired, the claim may be inadmissible, however strong your case may be.
Can I claim unpaid overtime?
Yes. A claim for unpaid wages, including overtime, is subject to a three-year limitation period and may cover the sums due for the last three years (Article L. 3245-1 of the French Labour Code). Where the contract has ended, it may cover the three years preceding the termination.
Do I need a lawyer before the French labour court?
Representation by a lawyer is not compulsory before the conseil de prud'hommes, but it is strongly advisable: procedure, evidence and the calculation of claims are technical, and the employer is usually already assisted.
I live in France but work in Switzerland or Germany. Does French labour law apply?
Not automatically. Where the work is performed abroad, both the court having jurisdiction and the law governing the employment relationship depend on the place of work, on the terms of your contract and on the applicable international rules. This has to be checked before anything else. Do not assume that the French labour court has jurisdiction.
In which language can I be advised?
Meetings and correspondence can be held in English as well as in French. Court proceedings themselves are conducted in French: written submissions and hearings before the French courts are in French, and documents in a foreign language are usually produced with a translation.
This page provides general information on French law and does not constitute legal advice. Every situation is different: for an assessment of yours, please contact the firm.