Abstract EN:

The enforcement of an industrial tribunal's decisions follows the general principle of enforcement. Thus, the acquisition of executory force can allow the implementation of this execution. And this executory force necessitates the respect of certain conditions : notification, absence of suspensive effect and period of grace awarded to the debtor. In the light of the often "maintenance" aspect of the sums due, many decisions are accompanied with provisional execution as of right, which enables a departure from the suspensive effect of an appeal. But there exists a certain confusion with a prescribed provisional execution which derives from the judge's dicretionary power and which therefore must give the debtor serious protection. This confusion constitutes a first source of difficulties. As for the notification, the exercise of an appeal or the granting of a period of grace, their conditions of application often constitute a second source of difficulties. The implementation of the execution of an industrial tribunal's decision raises above all the problem of a lack of specific rules. Despite the important efforts of simplification brought about by the law of july 9th 1991, the procedures of execution are not sufficiently adapted. When, on the contrary, the original systems have been adapted, they operate relatively well. This is the case for "ags" which exist only in bankruptcy or compulsory liquidation. On the other hand, reinstatement after the annulment of a redundancy is a sanction that is henceforth well accepted by judges. But it can be effective only if the decision ordering it has been come to rapidly.