Chapter II: Territorial jurisdiction

The employer and the employee shall bring their disputes before the industrial tribunal with territorial jurisdiction. This court is: 1° Either the one in whose jurisdiction the establishment where the work is performed is located; 2° Or, when the work is performed at home or outside any company or establishment, the one in whose jurisdiction the employee’s home is located. The employee may also bring the matter before the industrial…

In the event of the creation of an industrial tribunal, the Court of Appeal, at the request of the Public Prosecutor, establishes that the new court is in a position to function. It sets the date on which the council is to be established, from which date the industrial tribunal(s) whose jurisdiction has been reduced cease to have jurisdiction to hear cases falling within its (their) jurisdiction.

When, following a new delimitation of judicial districts, the jurisdiction of an industrial tribunal is modified, the industrial tribunal initially seised remains competent to rule on proceedings instituted prior to the modification.

Any clause in a contract that derogates directly or indirectly from the provisions of article R. 1412-1, relating to the rules governing the territorial jurisdiction of industrial tribunals, is deemed to be unwritten.

When an employee is temporarily seconded on national territory by a company established in another Member State of the European Union, disputes relating to the rights recognised in the matters listed in Article L. 1262-4 may be brought before the industrial tribunal within whose jurisdiction the service is being or has been provided. Where the service is or has been performed within the jurisdiction of several industrial tribunals, such disputes…