If the parties fail to comply with the communication procedures laid down, the conciliation and referral office may strike out the case or refer it back to the judgment office at the earliest convenient date. If the parties fail to produce the documents and evidence requested, it may refer the case back to the Judgement Office at the earliest appropriate date. This panel will draw all the consequences from the…
The conciliation and referral office may, by a decision that is not subject to appeal, appoint one or two reporting advisors to prepare the case for hearing. The decision sets a time limit for the performance of their duties.
The councillor-rapporteur is an industrial tribunal councillor. He may be a member of the judging panel. When two Conseiller Rapporteurs are appointed in the same case, one is an employer, the other an employee. They carry out their duties together. The advisor-rapporteur has the powers conferred on the conciliation and referral office. He may, in order to ascertain the truth, interview any person and carry out any investigative measures. He…
If the parties reach a settlement, even in part, the Conseiller-Rapporteur will record the agreement in the minutes.
The decisions taken by the adviser-rapporteur are provisional and do not have the force of res judicata in the main proceedings. They are enforceable. They may be appealed only with the judgment on the merits, subject to the special rules governing expert opinions.
The rules of procedure establish a rotation within the conciliation and referral office between all employee and employer conciliation officers. They may provide for certain labour arbitration advisors to be assigned to this office on a priority basis. The chairmanship alternates between the employee and the employer, according to a rotation established by these rules. The person who chairs the committee first is chosen by lot.
Meetings of the Conciliation and Referral Board are held at least once a week, unless no cases are scheduled. They are not open to the public.
In the absence of the chairman, or the vice-chairman called upon to chair the meeting of the Conciliation and Steering Committee, the chair may be held by a councillor who is a member of the assembly to which the defaulting chairman or vice-chairman belongs and who is appointed as substitute in the manner provided for in articles L. 1423-3 to L. 1423-8 and R. 1423-13. Failing this, the chair is…
The conciliation and referral office hears the parties’ explanations and endeavours to reconcile them. A report is drawn up.In the event of total or partial conciliation, the report mentions the content of the agreement reached. It shall state, where applicable, that the agreement has been enforced in whole or in part immediately before the conciliation and referral office.In the absence of total conciliation, the claims that remain contested and the…
In the event of conciliation, an extract from the minutes may be issued, stating whether the agreement reached is to be implemented immediately in full or in part. This is equivalent to a writ of execution.
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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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