Regardless of the number of councillors present, and even in the absence of any councillors, if the panel is not fully constituted at the tie-breaking hearing, the tie-breaking judge will rule alone at the end of the debates. He shall first obtain the opinion of the councillors present. At the end of the hearing and if the decision is not handed down immediately, the deciding judge informs the parties of…
When a general renewal of the industrial tribunals makes it impossible to refer a case that was the subject of a tie vote prior to this renewal, the case is taken up again, as the case may be, before the adjudication committee or the summary proceedings panel. These committees and panels take up the case in their new composition under the chairmanship of the deciding judge. If the votes are…
Each industrial tribunal has a summary proceedings panel common to all sections of the tribunal. This panel is made up of one employee and one employer councillor.
The General Meeting of the industrial tribunal appoints each year, in accordance with the provisions of articles L. 1423-3, L. 1423-5, R. 1423-11 and R. 1423-12, the employer industrial tribunal members and the employee industrial tribunal members called upon to hold summary hearings. The number of councillors appointed in this way must be sufficient to ensure, according to a rotation established by the internal rules of procedure of the industrial…
Hearings in summary proceedings are chaired alternately by an employer and an employee councillor in accordance with the conditions laid down in the rules of procedure.
The rules of procedure of the industrial tribunal set the usual day and time for summary hearings. A hearing is scheduled at least once a week. When circumstances so require, the president of the industrial tribunal, after consulting the vice-president, may set one or more additional hearings or move the day and time of the hearing(s) of the week.
In all cases of urgency, the summary proceedings panel may, within the jurisdiction of the industrial tribunals, order any measures that are not seriously disputed or that are justified by the existence of a dispute.
Even where there is a serious dispute, the summary proceedings panel may still order the necessary protective or reinstatement measures to prevent imminent damage or to put an end to a manifestly unlawful disturbance.
If the existence of the obligation is not seriously disputable, the summary jurisdiction panel may award an advance to the creditor or order performance of the obligation, even if it is an obligation to perform.
If it appears to it that the application lodged before it exceeds its powers, and when this application is of particular urgency, the summary proceedings panel may, under the following conditions, refer the case back to the judgment office: 1° The agreement of all the parties is required; 2° The summary proceedings panel must have made an attempt at conciliation in a non-public hearing and in accordance with the rules…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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