It is not mandatory at first instance, but it is strongly recommended. On appeal, representation by a lawyer or a union-appointed advocate (défenseur syndical) is mandatory ( R1461-1 ).

Can an employee testify on behalf of the employer?

Yes. Their statement must meet the formal requirements and state their relationship with the parties; the judge assesses its weight ( justice.fr ).

How long does an employee have to challenge their dismissal?

12 months from notification of the termination ( L1471-1 ).

Prud'hommes: preparing the employer's case

You have received a summons from the conseil de prud'hommes (French employment tribunal). Time is short, and the quality of the case file often makes the difference. Here is how the procedure works, what changed on 1 October 2026, and the documents to gather on the employer side.

1. How the procedure works

Filing the claim: the employee files an application; the employer is summoned by registered letter (factsheet F1052).
The conciliation and referral panel (bureau de conciliation et d'orientation), sitting in private: it seeks an agreement and organises the next steps. It sets the deadlines and arrangements for exchanging claims, legal arguments and documents, and can formally order a party to produce documents (R1454-1).
The trial panel (bureau de jugement) decides the dispute; if the votes are tied, the case is referred to a professional tie-breaking judge (juge départiteur).
Some claims go straight to the trial panel (for example, a prise d'acte, where the employee ends the contract citing the employer's breaches, or the reclassification of a CDD, a fixed-term contract).

2. What changed on 1 October 2026

For claims filed since that date, the employee attaches to the application a schedule listing their supporting documents, rather than the documents themselves, together with their latest payslip or a document showing the employer's business activity (R1452-2). The documents are then exchanged between the parties.

3. Time limits for bringing a claim

12 months to challenge the termination of the contract, from the date it was notified; 2 years for a claim relating to the performance of the contract (L1471-1).
3 years for a claim for unpaid wages (L3245-1).
5 years for discrimination, from the date it came to light (L1134-5).

Your lawyer will check the time limit that applies to each claim: a claim brought out of time is a decisive argument.

4. Is a lawyer mandatory?

At first instance, a lawyer is not mandatory: the employer may defend itself or be represented under the conditions set out in the French Labour Code (Code du travail). On appeal, representation by a lawyer or a union-appointed advocate (défenseur syndical) is mandatory, and the time limit for appealing is one month (R1461-1). In practice, an employment lawyer is strongly recommended as soon as you receive the summons.

5. Documents to gather on the employer side

the employment contract and its amendments, the payslips;
the staff register (registre unique du personnel), mandatory in every establishment (L1221-13);
the end-of-contract documents: employment certificate (certificat de travail), final settlement receipt (reçu pour solde de tout compte), France Travail certificate (for the French public employment service);
the procedural letters: letters inviting the employee to meetings, sanctions, dismissal letter;
evidence of the facts: rotas, time records, emails, meeting minutes, reports;
witness statements (see below).

6. Witness statements

A witness statement (attestation) sets out facts that its author personally saw or observed. It states the author's surname, first names, date and place of birth, address and occupation, any relationship with the parties, and that it is drawn up to be produced in court, the author being aware that a false statement exposes them to criminal penalties. It is handwritten, dated and signed by the author, with a copy of an identity document. The official form Cerfa 11527 may be used (justice.fr).

7. What is at stake: the compensation scale

If the dismissal is held to be without real and serious cause (sans cause réelle et sérieuse), the compensation is governed by a scale (barème) based on length of service, for example from 3 to 10 months' gross salary for 10 years' service; the minimums are lower in companies with fewer than 11 employees (L1235-3). The scale does not apply where the dismissal is void (notably for harassment, discrimination or infringement of a fundamental freedom), in which case a minimum of 6 months' salary applies (L1235-3-1).

Please note: this guide is for information only, up to date as of 14 October 2026, and is no substitute for advice tailored to your situation. For a specific case, consult your expert-comptable (chartered accountant) or your lawyer.

Practical guide · Employee relations Prud'hommes, employer side: preparing your case.