Resolution of professional disputes
During employment, disputes may arise between the seaman and the employer. Most of the time, these are disputes such as challenges on a contract breach or on the payment of wages.
Jurisdiction of the court of justice
Any dispute raised with regards to the formation, execution or termination of an employment contract between the employer and the seafarer is brought to the judicial judge. This instance is preceded by an attempt for conciliation through the competent state authority (art. L. 5542-48, art. L. 5542-49, Transport Code).
The Law no 2019-222 of March 23, 2019 on the judicial system reform merged the courts of first instance and the high courts, to create Courts of Justice 1 with extensive competences, since January 1, 2020.
Since December 27, 2019, the ship master is no longer exempt from prior conciliation with the local maritime administration (departmental directorate for territories and the sea - DDTM), for actions taken against the employer (Law no 2019-1428 of December 24, 2019).
Prior conciliation attempt
The Decree no 2015-2019 of February 27, 2015 relating to the resolution of individual disputes between seafarers and their employers provides the frame for the prior conciliation, for which the DDTM is competent. The head of the local maritime administration may delegate this competence to qualified agents placed under his/her authority. The list of conciliation officers so designated is published in the compendium of administrative acts and on the website of the State Ministry for the Sea website.
Art. 3 The territorially competent head of local maritime administration (DDTM) is that either of the seafarer domicile, or of the seafarer port of embarkation or disembarkation. The seafarer can also file a request with the head of the local maritime administration (DDTM) competent for the port where the main establishment or an agency of the employer is located or, failing that, competent for the ship port of registration.
Art. 4 The request for a prior conciliation is formulated by any means to the territorially competent DDTM 2. The seafarer can also file a request with the head of the local maritime administration (DDTM) competent for the port where the main establishment or an agency of the employer is located or, failing that, competent for the ship port of registration.
Art.5 The summons for the parties indicate their names, professions and domiciles; the place, day and time of the conciliation; the object of the applicant’s disputes.
Art.6 The parties appear in person, with the possibility to be represented in case of legitimate reason.
Art.7 The parties may be assisted or represented by a seafarer or an employer; as set in the 2° of Article L. 5551-1 of the Transport Code, a delegate of a trade union organization or a representative of an employers’ organization; the spouse, the partner bound by a civil union (PACS) or a partner; a lawyer. The employer may also be assisted or represented by a member of the company or its establishment. The representative, if not a lawyer, must present a power of attorney specially established for this purpose.
Art.8 The head of the local maritime administration (DDTM) or the agent designated for conciliation listens to the explanations of parties and strives to reconcile them. The content of the agreement, even if partial, is recorded in a minutes signed by the parties and the DDTM or the agent designated for conciliation. If the conciliation attempt fails, a minutes is drawn up. A copy of the minutes is given to the parties.
Art.9 When, on the day set for the conciliation attempt, the applicant does not appear or is not represented, a minutes is drawn up stating that the request for conciliation is null.
Referral to the court of justice
Art.11 In case of minutes reporting a non-conciliation or a failure in conciliation, the applicant may refer all or part of the disputes to the court of justice, by declaration to the registry of the competent court of justice as designated in Article R. 221-49 of the Code of judicial organization. A copy of the non-conciliation minutes is attached to it.
Interim proceedings
Before the court of justice, there is an interim procedure to obtain urgent measures in order to end a clearly unlawful disorder or precautionary measures in cases of less serious challenges. These interim proceedings do not require prior conciliation with the maritime administration.
- art. L. 1235-1, Labour Code;
- art. L 5542-48 et L. 5542-49, Transport Code;
- art. R. 221-13 and R. 221-49, Code of Judicial Organization;
- art. 848, Code of Civil Procedure.
1. To simplify judicial procedures and adapt to new digital developments, a judicial reform was implemented in January 1, 2020 on the courts organization and procedures. From now on, the courts of first instance and high courts located in the same city are grouped within the court of justice. The court of first instance located in a municipality different from a high court becomes a chamber as detached from the court of justice and named "local court".