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Article L1423-1-2 of the French Labour Code

The Management Section is responsible for cases where the employee involved in the dispute falls into the following categories: 1° Engineers as well as employees who, even if they do not exercise command, have equivalent training, whether or not evidenced by a diploma; 2° Employees who, having acquired technical, administrative, legal, commercial or financial training, exercise command by delegation from the employer; 3° Supervisors who have been delegated command in…

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Article L1423-3 of the French Labour Code

The industrial tribunal members meeting in a general meeting, a section meeting or a chamber meeting, under the chairmanship of the oldest member, elect a chairman and a vice-chairman from among their number. At his request and at least once a year, the judge referred to in article L. 1454-2 attends the general meeting of the industrial tribunal.

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Article L1423-4 of the French Labour Code

The chairman of the industrial tribunal is either an employee or an employer. Whichever is elected first is determined by lot. If the chairman is chosen from among the employee councillors, the vice-chairman may only be chosen from among the employer councillors, and vice versa.

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Article L1423-5 of the French Labour Code

Employee councillors elect a chairman or vice-chairman who is an employee. Employers’ industrial tribunal members elect a chairman or vice-chairman who is an employer. Voting by mandate is possible. However, an employee representative may hold only one mandate.

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Article L1423-8 of the French Labour Code

When an industrial tribunal cannot be constituted, the first president of the court of appeal, at the request of the public prosecutor, appoints another industrial tribunal or, failing that, one or more judges within the jurisdiction of the court of appeal to hear the cases entered on the roll of the industrial tribunal or which should subsequently have been referred to this tribunal.

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Article L1423-9 of the French Labour Code

When article L. 1423-8 has been applied and the industrial tribunal with normal jurisdiction is once again able to function, the first president of the court of appeal, hearing the case under the same conditions, notes this state of affairs and sets the date from which cases will once again be brought before this tribunal. The first president also specifies the date from which cases that have been provisionally transferred…

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Article L1423-10 of the French Labour Code

When the president of the industrial tribunal observes a temporary difficulty in the operation of a section, he may, after receiving the assent of the vice-president and subject to the agreement of the parties concerned, temporarily assign the industrial tribunal members of one section to another section to hear disputes falling within the jurisdiction of the latter section. Such assignments are made for a period of six months, renewable twice…

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