Article R1455-1 of the French Labour Code
November 5, 2023
Each industrial tribunal has a summary proceedings panel common to all sections of the tribunal. This panel is made up of one employee and one employer councillor.
Each industrial tribunal has a summary proceedings panel common to all sections of the tribunal. This panel is made up of one employee and one employer councillor.
The General Meeting of the industrial tribunal appoints each year, in accordance with the provisions of articles L. 1423-3, L. 1423-5, R. 1423-11 and R. 1423-12, the employer industrial tribunal members and the employee industrial tribunal members called upon to hold summary hearings. The number of councillors appointed in this way must be sufficient to ensure, according to a rotation established by the internal rules of procedure of the industrial…
Hearings in summary proceedings are chaired alternately by an employer and an employee councillor in accordance with the conditions laid down in the rules of procedure.
The rules of procedure of the industrial tribunal set the usual day and time for summary hearings. A hearing is scheduled at least once a week. When circumstances so require, the president of the industrial tribunal, after consulting the vice-president, may set one or more additional hearings or move the day and time of the hearing(s) of the week.
In all cases of urgency, the summary proceedings panel may, within the jurisdiction of the industrial tribunals, order any measures that are not seriously disputed or that are justified by the existence of a dispute.
Even where there is a serious dispute, the summary proceedings panel may still order the necessary protective or reinstatement measures to prevent imminent damage or to put an end to a manifestly unlawful disturbance.
If the existence of the obligation is not seriously disputable, the summary jurisdiction panel may award an advance to the creditor or order performance of the obligation, even if it is an obligation to perform.
If it appears to it that the application lodged before it exceeds its powers, and when this application is of particular urgency, the summary proceedings panel may, under the following conditions, refer the case back to the judgment office: 1° The agreement of all the parties is required; 2° The summary proceedings panel must have made an attempt at conciliation in a non-public hearing and in accordance with the rules…
The application for interim relief shall be made by the applicant either by a bailiff’s writ or under the conditions provided for in Article R. 1452-1.Where the application is made by a bailiff’s writ, the provisions of Article 56(1) of the Code of Civil Procedure shall not apply. A copy of the summons is delivered to the court registry, at the latest the day before the hearing.When the request is…
Articles 484, 486, 488 to 492 and 514 of the Code of Civil Procedure are applicable to summary proceedings before the industrial tribunal.
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.
