Article R1423-5 of the French Labour Code
November 5, 2023
Each section is made up of industrial tribunal members assigned in accordance with the distribution set out in the order referred to in article R. 1441-1.
Each section is made up of industrial tribunal members assigned in accordance with the distribution set out in the order referred to in article R. 1441-1.
Cases are divided between the sections of the industrial tribunal in accordance with : 1° For the management section, article L. 1423-1-2 ; 2° For the other sections, the allocation table provided for in Article R. 1423-4. For the application of 2° of this article, changes to the table made in application of article R. 1423-4 are only taken into account from the appointment of the industrial tribunal members following…
In the event of difficulty in allocating a case or of a dispute as to whether a section is aware of a case, the file is forwarded to the President of the industrial tribunal, who, after receiving the opinion of the Vice-President, refers the case to the section that he designates by order. This order constitutes a measure of judicial administration that is not subject to appeal. Disputes are lodged…
Several chambers may be set up within a section of a labour tribunal. Each chamber comprises at least four employer councillors and four employee councillors.
Where a section comprises several chambers, one of them has jurisdiction to hear disputes and litigation relating to redundancies for economic reasons.
The constitution of the chambers is decided by the first president of the court of appeal, on a proposal from the general assembly of the industrial tribunal.
The election of the chairmen and vice-chairmen is held by secret ballot, per assembly and by an absolute majority of the members present. It takes place either when at least three-quarters of the members of each assembly are seated, or if the provisions of article R. 1423-1 are applied in a section, when at least two-thirds of the members of each assembly are seated.
After two rounds of voting in which none of the candidates has obtained an absolute majority of the members present, the Chairman or Vice-Chairman is elected in the third round by a relative majority. In the event of a tie in the third ballot, the longest-serving councillor is elected. If the two candidates have served the same length of time, the older is elected. The same applies if a new…
The industrial tribunal members meet in a general meeting, in a section meeting and, where applicable, in a chamber meeting, each year during the month of January in the following order: 1° The general meeting of the industrial tribunal elects, in accordance with articles L. 1423-3 to L. 1423-6, the chairman and vice-chairman of the industrial tribunal. The election of the chairman and vice-chairman precedes the formal hearing held at…
If a new chamber is created, the chamber assembly elects the chamber president and vice-president without waiting until January.
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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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