Paragraph 5: Termination of the duties of an employed commercial court clerk in the event of termination of the employment contract

The exercise of his duties as a public official by the salaried commercial court clerk, as well as that of his professional mandates, are suspended from the day of the termination of the employment contract, whatever the cause. During this suspension, he may no longer use the status of public officer or the title of clerk of the commercial court. For a period of one year, if he is selected…

The retirement of an employed commercial court clerk, the contractual termination of his employment contract or his resignation shall be brought to the attention of the Keeper of the Seals, Minister of Justice, by teleprocedure on the website of the Ministry of Justice, and to the attention of the Conseil national des greffiers des tribunaux de commerce, by the interested party or by the person holding the office within which…

Any dismissal, envisaged by the holder of the office, of an employed commercial court clerk is subject to the opinion of a national commission composed as follows: 1° A magistrate, chairman; 2° Two office-holding or associate clerks, appointed on a proposal from the Conseil national des greffiers des tribunaux de commerce; 3° Two salaried clerks, appointed on a proposal from the most representative trade union organisations of salaried commercial court…

The holder of the office refers the matter to the chairman of the commission by registered letter with acknowledgement of receipt. The letter of referral shall specify the reasons given in support of the proposed dismissal. A copy of the letter is sent to the President of the Conseil national des greffiers des tribunaux de commerce, to the Minister of Justice, by tele-procedure on the website of the Ministry of…

After hearing the parties and the president of the Conseil national des greffiers des tribunaux de commerce in adversarial proceedings and provoking any explanations or communication of useful documents, the commission issues a reasoned opinion. A copy of this opinion is sent, within fifteen days, to each of them, as well as to the president of the Conseil national, the garde des sceaux, minister of justice and the public prosecutor….

When the office-holder maintains his intention to dismiss the salaried registrar, he shall notify him of his dismissal either by registered letter with acknowledgement of receipt, or by letter delivered against a receipt. In the event of serious misconduct, the office-holder may, before referring the matter to the committee provided for in article R. 743-139-17, notify the salaried registrar of his immediate dismissal, in the same manner as provided for…

The age limit provided for in article L. 741-1 applies to salaried commercial court clerks.