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Article L1431-1 of the French Labour Code

The Conseil supérieur de la prud’homie, an advisory body, reports to the Minister of Justice and the Minister of Labour. In addition to the representatives of the ministries concerned, it includes an equal number of representatives of representative national trade unions and professional organisations. A Conseil d’Etat decree determines the composition, powers and organisational and operational rules of the Conseil supérieur de la prud’homie.

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Article L1431-2 of the French Labour Code

The employer shall allow employees of his company who are members of the Conseil supérieur de la prud’homie the time necessary to carry out their duties. This time is considered as effective working time within the meaning of article L. 1442-6. The performance of the duties of member of the Conseil supérieur de la prud’homie by an employee may not be the cause of a sanction or termination of the…

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Article L1441-1 of the French Labour Code

Industrial tribunal members are appointed jointly by the Minister of Justice and the Minister for Employment every four years for each industrial tribunal, college and section, on the recommendation of the trade unions and professional organisations in accordance with the procedures set out in this chapter.

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Article L1441-2 of the French Labour Code

Industrial tribunal members are appointed during the year following each cycle of measurement of the trade union audience defined in 5° of article L. 2121-1 for the college of employees and of the employer audience defined in 6° of article L. 2151-1 for the college of employers.

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Article L1441-4 of the French Labour Code

The Minister of Justice and the Minister of Labour determine the number of seats allocated for the duration of the term of office to the trade union and professional organisations per industrial tribunal, college and section, on the basis of the number of councillors defined in article L. 1423-2 and, for employees’ trade union organisations, the votes obtained at departmental level by each organisation as part of the audience measurement…

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Article L1441-5 of the French Labour Code

On pain of inadmissibility, challenges relating to the distribution of the number of seats, carried out in application of article L. 1441-4, are lodged with the Conseil d’Etat by a trade union or professional organisation within fifteen days of its publication.

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Article L1441-6 of the French Labour Code

Subject to the provisions of Article L. 1441-7, the following may stand for election: 1° Employees and employers ; 2° Job seekers registered on the list of job seekers; 3° Persons who have ceased all professional activity.

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Article L1441-7 of the French Labour Code

Candidates must 1° Be of French nationality ; 2° They must not have any entries in bulletin no. 2 of the criminal record that are incompatible with the exercise of industrial tribunal functions and must not be subject to any prohibition, disqualification or incapacity relating to their civic rights; 3° Be at least twenty-one years old; 4° Have been in employment for two years or have held an industrial tribunal…

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Article L1441-8 of the French Labour Code

The candidacy conditions defined in 1° and 2° of article L. 1441-7 are assessed on the date of appointment. The candidacy conditions defined in 3° and 4° of article L. 1441-7 and those relating to the industrial tribunal, the college and the candidacy section are assessed on the opening date for filing candidacies, set by regulation.

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