The decree of July 27 (No. 2026-683), which includes various procedural simplification measures, provides for several measures impacting labor court proceedings.
The decree aims, in particular, to “facilitate filing a claim with the labor court electronically by limiting the number of documents required to accompany the application.”
It entered into force on October 1, 2026, with the exception of certain articles.
Article 10 of the decree will apply to all proceedings initiated since October 1, 2026, while Article 11 has been applicable since July 30.
The measures for the digitalization of civil procedure in Article 3 will apply to all proceedings pending since October 1, 2026.
1. Filing a claim with the labor courts (conseil de prud'hommes) and the submission of documents (Article 10).
Chapter VII of the decree, entitled "Miscellaneous Simplification Measures," includes Article 10, which amends Articles R1452-2 to R1452-4 of the French Labor Code to streamline and thus facilitate filing a claim with the labor courts.
1.1) Changes to the procedures for filing a claim with the labor courts (conseil de prud'hommes).
The provision aims to simplify the filing process by requiring only a few documents (or even just one) which must:
• Identify the employer: the most recent payslip relevant to the dispute or any document that allows the employer's business activity to be determined (e.g., the most recent payslip or the employment contract containing the employer's name, company address, and RCS number).
• Direct the case to the correct section of the labor court (management, commerce, industry, miscellaneous activities, or agriculture): the payslip, thanks to the APE code, allows the employer's business activity to be identified, thus determining the appropriate section competent to handle the dispute.
The simplification provided for in Article 10 only concerns filing the claim with the labor court; the parties must then exchange all documents supporting their claims, in accordance with the principle of adversarial proceedings.
1.2) Changes regarding the exchange of documents.
Article R1452-3, as amended by the decree of July 27, stipulates that the notice issued by the clerk of the labor court informing the claimant of the date and time of the conciliation hearing or the court hearing must also invite the claimant to send their documents to the defendant before the date set for the hearing or conciliation.
The notice issued by the clerk must also invite the parties to submit a copy of their documents at the hearing or the conciliation hearing.
Finally, the notice will inform the parties that if they fail to appear and do not have a legitimate reason for their absence, "the case may be decided based on the documents and arguments submitted by the opposing party."
Article R1452-4 of the French Labor Code, as amended by the decree, reiterates that the summons sent to the parties by the court clerk must invite the defendant to submit the documents they intend to produce and to provide a copy at the hearing or conciliation session.
2. Time Limits for Ex parte Orders (Article 1).
2.1) Time Limit for Executing an Ex parte Order: Article 495 of the French Code of Civil Procedure.
Before the so-called "Magicobus III" decree of July 27, 2026, no time limit was specified for the execution of ex parte orders.
Now, the measure ordered pursuant to Article 145 of the French Code of Civil Procedure must be executed within 3 months from the date of the order.
If the measure is not carried out within this timeframe, the order becomes void, and the judge automatically notes this lapse.
However, the judge has the option of setting a different (longer or shorter) timeframe for execution.
2.2) Time limit for withdrawing an order following service of the ex parte order: Article 496 of the Code of Civil Procedure.
The decree adds a paragraph stipulating that the request for withdrawal must be made within one month of service of the ex parte order.
3. Digitalization of civil procedure: digital judgments (Article 3).
The decree of July 27, 2026, known as "Magicobus III," amends Article 456 of the Code of Civil Procedure by adding a second paragraph stating that: "The judgment may be established digitally. In this case, it is either originally digital or converted into digital format under the conditions provided for in Article 456-1."
The decree inserts a new Article 456-1 into the Code of Civil Procedure, which sets out the procedures for converting a judgment into digital format as described in Article 456 of the Code of Civil Procedure.
Thus, the judgment can be established in digital format from the outset, or it can be converted to digital format if it was initially established in paper format.
According to the article from the National Bar Council, in order to convert a paper judgment to digital format, the paper judgment signed by the judge and the clerk must be scanned and "filed in the court records by means of a qualified electronic signature from the clerk attesting to the conformity and integrity of the document."
These provisions will apply to all proceedings pending on October 1, 2026. Proceedings initiated before October 1 will therefore be affected, provided they are still ongoing on that date.
To read the full article, click on the link below.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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