Book IV: Dispute resolution - The industrial tribunal

The hours spent by an employee exercising his professional activity outside any establishment, with the exception of the employees mentioned in article D. 1453-2-11, exercising trade union defence functions are considered, within the limit of ten hours per month mentioned in article L. 1453-5, as working hours and are paid as such by the employer. The employer is reimbursed in full under the conditions set out in article D. 1453-2-10.

The trade union defender is entitled to an allowance for travel to the hearing, the amount of which is set by joint order of the ministers responsible for the budget and labour. To this end, the court registry will issue a certificate of attendance at the hearing. The trade union representative must submit his request to the agency mentioned in Article D. 1453-2-15 and attach this certificate.

Requests for reimbursement or compensation are managed by the Agence de services et de paiement, with which the Ministry of Labour has concluded an agreement. The form and documents required for processing and payment must be received by the Agence de services et de paiement, the list of which is set by joint order of the ministers responsible for the budget and labour. The authorising officer and the accounting officer…

Employment tribunal proceedings are oral.

The parties may refer to any submissions they have made in writing. If the parties are not required to submit their observations and arguments in writing, these are noted in the case file or recorded in the minutes.

Where all the parties appearing make their claims in writing and are assisted or represented by a lawyer, they are required, in their pleadings, to expressly state the claims and the pleas in fact and in law on which each of these claims is based, with an indication for each claim of the documents relied upon. A list of the documents supporting these claims is attached to the pleadings. The…