A councillor who refuses to be installed or who has been declared to have resigned may, of his own motion or at his own request, be relieved of the incapacity provided for in article L. 1441-10.
Applications for relief from incapacity are addressed to the Minister of Justice. They are admissible only if a period of one year has elapsed since the refusal to install or the resignation. Any application that is rejected after an examination on its merits may not be renewed until a further period of one year has elapsed. A decree is issued to raise the status.
The performance of the duties of labour councillor and participation in the activities referred to in articles L. 1442-2 and L. 1442-5 may not be a reason for sanction or termination of the employment contract. Dismissal of a Conseiller Prud’homme is subject to the administrative authorisation procedure provided for in Book IV of Part Two.
Undermining or attempting to undermine either the free nomination of candidates for the appointment of labour tribunal members, or the independence or proper performance of the duties of labour tribunal member, in particular by disregarding articles L. 1442-2, L. 1442-5 to L. 1442-7 and L. 1442-10, is punishable by one year’s imprisonment and a fine of 3,750 euros.
When a request is made to the industrial tribunal to classify the termination of the employment contract at the employee’s initiative as a result of acts of which the employee is accused by the employer, the case is referred directly to the adjudication board, which will rule on the merits of the case within one month of the request being made.
Notwithstanding the first paragraph of article 4 of Law no. 71-1130 of 31 December 1971 reforming certain judicial and legal professions, the parties may defend themselves or be assisted or represented before the industrial tribunal, in addition to by a lawyer, by : 1° Employees or employers belonging to the same branch of activity ; 2° Union representatives ; 3° Their spouse, partner in a civil solidarity pact or cohabiting…
Minors who cannot be assisted by their father, mother or guardian may be authorised by the industrial tribunal to bring proceedings before it.
Persons authorised to assist or represent parties in industrial tribunal matters, if they are also industrial tribunal members, may not act as assistants or representatives before the industrial tribunal to which they belong.
The chairman and vice-chairman of the industrial tribunal may not attend or represent the parties before the panels of the tribunal.
A trade union representative provides assistance or representation before industrial tribunals and appeal courts in industrial tribunal matters. They are included on a list drawn up by the administrative authorities on the basis of proposals from employers’ and employees’ organisations, under conditions defined by decree. The trade union representative acts within the scope of an administrative region.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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