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Article R1441-1 of the French Labour Code

In application of article L. 1441-1, labour tribunal members are appointed by joint order of the Minister of Justice and the Minister for Employment, published in the Journal officiel de la République française. No administrative appeal may be lodged against this order.

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Article R1441-2 of the French Labour Code

In application of article L. 1441-4, the seats are allocated to the trade union and professional organisations by joint order of the Minister of Justice and the Minister of Labour, published in the Journal officiel de la République française. No administrative appeal may be lodged against this order.

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Article R1441-3 of the French Labour Code

For the employees’ college, the determination of the number of seats for each section of each of the industrial tribunals of the department mentioned in article L. 1441-4 takes into account the votes used for the measurement of the audience at national and inter-professional level presented to the High Council for Social Dialogue in application of article R. 2122-3, by department and by section for each trade union organisation.

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Article R1441-4 of the French Labour Code

For the industry, trade and commercial services, agriculture and miscellaneous activities sections, the votes cast in accordance with the distribution table defined in article R. 1423-4 are taken into account, with the exception of the votes cast for the management section and the votes cast in the elections of the members representing agricultural production employees to the chambers of agriculture provided for in article L. 2122-6. For the agriculture section,…

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Article R1441-5 of the French Labour Code

The seats are allocated in proportion to the votes obtained in application of articles R. 1441-3 and R. 1441-4 according to the rule of the highest average between trade union organisations within each section of each industrial tribunal.

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Article R1441-6 of the French Labour Code

In the event of a tie between two or more organisations pursuant to Article R. 1441-5, the seat is awarded to the trade union organisation that obtained the most votes cast for that section. In the event of a tie in application of the previous paragraph, the seat is awarded to the trade union organisation that obtained the most votes cast at departmental level for all the sections. In the…

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Article R1441-7 of the French Labour Code

In the absence of votes to determine the distribution of seats between the trade union organisations for a given section, the votes cast at departmental level for all the sections are taken into account. In the absence of votes in application of the previous paragraph, the votes cast at regional level for the section concerned are taken into account. If no votes are cast in accordance with the preceding paragraph,…

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Article R1441-8 of the French Labour Code

For the employers’ college, the determination of the number of seats in each section of each of the industrial tribunals, defined in article L. 1441-4, takes into account the number of member companies used to calculate the results presented to the High Council for Social Dialogue in application of article R. 2152-18, provided that they employ at least one employee, and the number of employees employed by these same companies,…

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Article R1441-9 of the French Labour Code

I.-For the industry, trade and commercial services, agriculture and miscellaneous activities sections, the following are taken into account per section, according to the distribution table defined in article R. 1423-4: 1° Companies that are direct members of a professional employers’ organisation that is a candidate at the level of a professional branch or of a territorial structure of this organisation; 2° Companies that are members of a non-candidate professional employers’…

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Article R1441-10 of the French Labour Code

For the application of the second paragraph of article L. 1441-4, the seats are allocated in proportion to the number of member companies and employees obtained in application of articles R. 1441-8 and R. 1441-9 according to the rule of the highest average between professional organisations within each section of each industrial tribunal.

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