Article R1451-1 of the French Labour Code
Subject to the provisions of this Code, proceedings before the industrial tribunals are governed by the provisions of Book I of the Code of Civil Procedure.
Home | French Legislation Articles | French Labour Code | Regulatory part | Part One: Individual employment relations | Book IV: Dispute resolution - The industrial tribunal | Title V: Proceedings before the industrial tribunal
Subject to the provisions of this Code, proceedings before the industrial tribunals are governed by the provisions of Book I of the Code of Civil Procedure.
Procedural objections must, on pain of inadmissibility, be raised before any defence on the merits or plea of inadmissibility. Subject to this proviso, they may be raised before the Trial Chamber.
Where a court is called upon to rule in industrial tribunal matters, claims shall be lodged, investigated and judged in accordance with the provisions of this Title. In the event of an appeal, the procedure shall be the same as in industrial tribunal matters.
Legal action is taken by means of a petition. Referral to the industrial tribunal, even if it lacks jurisdiction, interrupts the limitation period.
The request is made, delivered or sent to the clerk’s office of the industrial tribunal. It shall contain the information prescribed inarticle 57 of the Code of Civil Procedure, failing which it shall be null and void. It also contains a summary of the grounds for the claim and mentions each of the heads of claim. It is accompanied by the documents that the claimant wishes to invoke in support…
The clerk’s office notifies the claimant by any means of the place, date and time of the meeting of the conciliation and referral office or of the hearing when the preliminary conciliation does not apply. This notice by any means invites the claimant to send his documents to the defendant before the aforementioned session or hearing and indicates that in the event of non-appearance without a legitimate reason, a decision…
On receipt of the copies of the application and the form referred to in the second paragraph of article R. 1452-2, the court registry will summon the defendant by registered letter with acknowledgement of receipt. The summons must indicate 1° The name, profession and address of the plaintiff ; 2° Depending on the case, the place, day and time of the meeting of the conciliation and referral office or of…
Subject to the provisions of the second paragraph of article R. 1452-1, the defendant’s summons to appear before the conciliation and referral office and, where the matter is directly referred to it, before the judgment office, is equivalent to a summons to appear before a court.
The resumption of proceedings after a stay shall take place upon notice given to the parties by the Registrar by any means.
The parties defend themselves. They may be assisted or represented.
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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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