Section 3: Chairman and Vice-Chairman

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.

The industrial tribunal convenes a general meeting under the conditions set out in article R. 1423-23 to elect a new chairman or a new vice-chairman when one of these offices becomes vacant for one of the following reasons: 1° Refusal of the chairman or vice-chairman to be installed; 2° Resignation; 3° Declaration of resignation in application of articles L. 1442-12 and D. 1442-18 ; 4° Death; 5° Disqualification for disciplinary…

In the event of a vacancy in the office of Chairman or Vice-Chairman of a section or chamber for one of the reasons listed in Article R. 1423-15, the industrial tribunal members of the section or chamber meet in a section or chamber assembly to elect a new Chairman or Vice-Chairman.

If one of the cases set out in articles R. 1423-15 and R. 1423-16 occurs again during the same year, the second vacancy will only be filled at the time of the annual renewal provided for in article R. 1423-13.

The minutes of the meetings referred to in articles R. 1423-15 and R. 1423-16 are drawn up and sent under the conditions set out in article R. 1423-24.

Within fifteen days of the election of the chairmen and vice-chairmen provided for in articles R. 1423-13 and R. 1423-14, any member of the panel who disputes the legality of the election may lodge an appeal with the Court of Appeal in whose jurisdiction the election took place. This appeal may be lodged with the Public Prosecutor within fifteen days of receipt of the minutes.

On pain of inadmissibility, the appellants shall notify the candidates whose election is contested of the appeals mentioned in article R. 1423-19. This notification is made by registered letter with acknowledgement of receipt. The candidates may present their observations in defence within five days of the notification.