Book IV: Dispute resolution - The industrial tribunal

The acceptance by a councillor of an imperative mandate, before or after taking office and in any form whatsoever, constitutes a serious breach of his duties. This will result in the disqualification of the person concerned under the conditions set out in articles L. 1442-13-2 to L. 1442-14, L. 1442-16-1 and L. 1442-16-2.

Any industrial tribunal member who, without legitimate reason and after formal notice, refuses to perform the service to which he is called may be declared to have resigned.

Any breach of duty by an industrial tribunal member in the performance of his duties may constitute a disciplinary offence.

Apart from any disciplinary action, the first presidents of the Courts of Appeal may remind the councillors of the industrial tribunals within their jurisdiction of their obligations.

Disciplinary powers are exercised by a National Disciplinary Commission, which is chaired by a president of a chamber of the Cour de cassation, appointed by the first president of the Cour de cassation, and comprises : 1° A member of the Conseil d’Etat, appointed by the Vice-President of the Conseil d’Etat ; 2° One male and one female judge from the courts of appeal, appointed by the first president of…

The matter may be referred to the National Disciplinary Commission by the Minister of Justice or by the First President of the Court of Appeal in whose jurisdiction the labour arbitrator sits, after the latter has been heard by the First President.

The disciplinary sanctions applicable to councillors are: 1° A reprimand; 2° Suspension for a period not exceeding six months; 3° Disqualification from holding the office of councillor for a maximum period of ten years; 4° Disqualification accompanied by a permanent ban from exercising the functions of labour tribunal.

Any industrial tribunal member who has been disqualified, disqualified or disqualified from exercising his civic rights is automatically disqualified from exercising his functions as from the date of the conviction which has become final.