Article R1453-3 of the French Labour Code
November 5, 2023
Employment tribunal proceedings are oral.
Employment tribunal proceedings are oral.
The parties may refer to any submissions they have made in writing. If the parties are not required to submit their observations and arguments in writing, these are noted in the case file or recorded in the minutes.
Where all the parties appearing make their claims in writing and are assisted or represented by a lawyer, they are required, in their pleadings, to expressly state the claims and the pleas in fact and in law on which each of these claims is based, with an indication for each claim of the documents relied upon. A list of the documents supporting these claims is attached to the pleadings. The…
If the conciliation fails, the conciliation and referral office prepares the case until the date it sets for the judgment hearing. Special meetings may be held for this purpose. After notifying the parties, it sets the time limits and conditions for communicating claims, pleas and documents. It may exempt a party who so requests from attending a subsequent session of the conciliation and referral office. In this case, the communication…
If the parties fail to comply with the communication procedures laid down, the conciliation and referral office may strike out the case or refer it back to the judgment office at the earliest convenient date. If the parties fail to produce the documents and evidence requested, it may refer the case back to the Judgement Office at the earliest appropriate date. This panel will draw all the consequences from the…
The conciliation and referral office may, by a decision that is not subject to appeal, appoint one or two reporting advisors to prepare the case for hearing. The decision sets a time limit for the performance of their duties.
The councillor-rapporteur is an industrial tribunal councillor. He may be a member of the judging panel. When two Conseiller Rapporteurs are appointed in the same case, one is an employer, the other an employee. They carry out their duties together. The advisor-rapporteur has the powers conferred on the conciliation and referral office. He may, in order to ascertain the truth, interview any person and carry out any investigative measures. He…
If the parties reach a settlement, even in part, the Conseiller-Rapporteur will record the agreement in the minutes.
The decisions taken by the adviser-rapporteur are provisional and do not have the force of res judicata in the main proceedings. They are enforceable. They may be appealed only with the judgment on the merits, subject to the special rules governing expert opinions.
The rules of procedure establish a rotation within the conciliation and referral office between all employee and employer conciliation officers. They may provide for certain labour arbitration advisors to be assigned to this office on a priority basis. The chairmanship alternates between the employee and the employer, according to a rotation established by these rules. The person who chairs the committee first is chosen by lot.
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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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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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