French Labour Code
In forceThe conciliation and referral office may, notwithstanding any procedural exception and even if the defendant does not appear, order:
1° The issue, where applicable, under penalty of a fine, of work certificates, pay slips and any document that the employer is legally obliged to issue;
2° Where the existence of the obligation is not seriously disputable:
a) The payment of provisions for wages, salary accessories and commission;
b) The payment of provisions for holiday pay, notice pay and redundancy pay;
c) The payment of compensation and special redundancy pay in the event of medical unfitness following an accident at work or an occupational disease, as referred to in article L. 1226-14 ;
e) The payment of the end-of-contract indemnity provided for in article L. 1243-8 and the end-of-assignment indemnity provided for in article L. 1251-32 ;
3° Any investigative measures, even ex officio;
4° Any measures required to preserve the evidence or objects in dispute.
In the light of the documents provided by the employee, it may take a provisional decision to make up for the employer's failure to issue the certificate provided for in article R. 1234-9. This decision summarises the elements of the model certificate provided for in article R. 1234-10, enabling the employee to exercise his rights to the benefits mentioned in article L. 5421-2.
This decision does not release the employer from its obligations resulting from the provisions of articles R. 1234-9 to R. 1234-12 relating to the unemployment insurance certificate.
It is notified to the Pôle emploi in the employee's place of residence. Third-party objections may be lodged by Pôle emploi within a period of two months.
