French Labour Code
In forceThe mandataire judiciaire shall draw up statements of claims as follows:
1. For the claims mentioned in articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15, within ten days of the judgment opening the proceedings;
2. For other claims that are also due on the date of the judgment opening the proceedings, within three months of the judgment being handed down;
3. For wages and holiday pay covered in application of 3° of article L. 143-11-1 and wages covered in application of the last paragraph of the same article, within ten days of expiry of the guarantee periods provided for in this 3°, up to the ceiling mentioned in articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15 ;
4. For other claims, within three months of expiry of the guarantee period.
The statements of claims shall specify the amount of the contributions referred to in the seventh paragraph of Article L. 143-11-1 due in respect of each of the employees concerned.
If the claims cannot be paid in full or in part from the funds available before the expiry of the time limits set out above, the court-appointed agent shall request, on presentation of the statements, the advance of the necessary funds from the body referred to in article L. 143-11-4. In the case of safeguard proceedings, the court-appointed agent must justify to this body, at the time of his request, that the insufficiency of the available funds is obvious. Within a period set by decree by the Conseil d'Etat, the mandataire judiciaire may contest the reality of this insufficiency before the juge-commissaire. In this case, the advance of funds is subject to the authorisation of the juge-commissaire.
The aforementioned organisation pays the mandataire judiciaire the sums shown on the statements and remaining unpaid:
1. Within five days of receipt of the statements referred to in 1 and 3 above;
2. Within eight days of receipt of the statements referred to in 2 and 4 above.
Notwithstanding the provisions of the three preceding paragraphs, the advance on the employer's contributions to the financing of the personalised redeployment agreement mentioned in article L. 321-4-2 is paid directly to the bodies responsible for collection mentioned in article L. 351-21.
The court-appointed representative shall immediately pay the sums received to the employees and creditor organisations, excluding subrogated creditors, and shall inform the employees' representative.
The aforementioned body must advance the sums included in the statement, even if they are contested by a third party.
It must also advance sums corresponding to claims established by an enforceable court decision, even if the guarantee periods have expired. Court rulings are automatically enforceable against the association referred to in article L. 143-11-4. In the event that the judicial representative has ceased his duties, the court clerk or the commissioner for the implementation of the plan, as the case may be, will send a supplementary statement to the above-mentioned body, which will be responsible for paying the sums to the employees and creditor bodies.
