In the event of difficulty in allocating a case or of a dispute as to whether a section is aware of a case, the file is forwarded to the President of the industrial tribunal, who, after receiving the opinion of the Vice-President, refers the case to the section that he designates by order. This order constitutes a measure of judicial administration that is not subject to appeal. Disputes are lodged…
Several chambers may be set up within a section of a labour tribunal. Each chamber comprises at least four employer councillors and four employee councillors.
Where a section comprises several chambers, one of them has jurisdiction to hear disputes and litigation relating to redundancies for economic reasons.
The constitution of the chambers is decided by the first president of the court of appeal, on a proposal from the general assembly of the industrial tribunal.
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.
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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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