Any clause in a contract that derogates directly or indirectly from the provisions of article R. 1412-1, relating to the rules governing the territorial jurisdiction of industrial tribunals, is deemed to be unwritten.
When an employee is temporarily seconded on national territory by a company established in another Member State of the European Union, disputes relating to the rights recognised in the matters listed in Article L. 1262-4 may be brought before the industrial tribunal within whose jurisdiction the service is being or has been provided. Where the service is or has been performed within the jurisdiction of several industrial tribunals, such disputes…
When the creation or abolition of an industrial tribunal, the modification of the jurisdiction or the transfer of the registered office of a tribunal is envisaged, the Minister responsible for labour shall first publish a notice in the Journal officiel de la République française indicating : 1° The seat of the council to be created or abolished or, in the event of a transfer, the new seat of the council;…
The decrees establishing the industrial tribunal provided for in article L. 1422-3 determine the seat and jurisdiction of the tribunal and the date of appointment of the councillors. They are issued after consultation or opinion of : 1° The departmental council and the municipal council ; 2° The industrial tribunal(s) concerned; 3° The first president of the court of appeal; 4° Representative employers’ and employees’ organisations at national level; 5°…
Each of the bodies or authorities mentioned in article R. 1422-2 is deemed to have given a favourable opinion if it has not given its opinion within three months of the matter being referred to it.
The seat and jurisdiction of the industrial tribunals are determined in accordance with the schedule at the end of this book.
I. – The industrial tribunal is divided into five autonomous sections: 1° The management section; 2° The industry section; 3° The trade and commercial services section; 4° The agriculture section; 5° The miscellaneous activities section. Each section comprises at least three employers’ and three employees’ councillors.
Where the jurisdiction of a judicial court includes several industrial tribunals, a single agricultural section is set up for the entire jurisdiction of this court. This section is attached to the industrial tribunal whose seat is that of that court. However, the single agricultural section set up for the entire jurisdiction of the Privas judicial court is attached to the Aubenas industrial tribunal.
Where a département has several industrial tribunals with an agricultural section, it is possible to reduce the number of agricultural sections in the département. This reduction takes into account the number and variety of cases handled. This section is attached to one of these councils by decree of the Conseil d’Etat.
The Minister for Justice and the Minister for Labour shall set out by order, for each general appointment of industrial tribunal members, the allocation table referred to in Article L. 1423-1-1. Subject to the provisions relating to the management section, this table assigns each collective agreement or branch collective agreement to the industry, commerce and commercial services, agriculture or miscellaneous activities sections according to their scope of application. In the…
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is a Registered Trademark of
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75001, Paris France
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