Article L1442-16-2 of the French Labour Code
November 8, 2023
The decisions of the National Disciplinary Committee and those of its Chairman shall state the reasons on which they are based.
The decisions of the National Disciplinary Committee and those of its Chairman shall state the reasons on which they are based.
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.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
