Book IV: Dispute resolution - The industrial tribunal

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.