Subsection 2: Designation procedures

The conditions set out in articles L. 23-112-1 and L. 23-112-4 are assessed on the date of appointment as a member of the regional cross-industry joint committee.

For each regional cross-industry joint committee, the organisation mentioned in article R. 23-112-1 appoints an agent to declare to the competent regional directorate for companies, competition, consumption, labour and employment the name of the person or persons it appoints as members of the committee. This declaration is accompanied by a sworn statement from each person appointed as a member of the committee certifying that he or she meets the conditions…

When making the declaration referred to in the first paragraph of Article R. 23-112-12, the employee trade union organisation shall notify the employer or employers of the employee or employees it designates as members of the committee of their identity and the region concerned. This notification is made by any means giving it a certain date. This information is simultaneously communicated to the Labour Inspectorate.

The Regional Director of Companies, Competition, Consumption, Labour and Employment publishes the list of persons appointed by the organisations mentioned in Article R. 23-112-1 and representing employees and employers within the joint regional inter-professional committee(s) within his territorial jurisdiction in the Recueil des actes administratifs and on his website.

Disputes relating to the appointment of members of the joint regional cross-industry committees fall within the jurisdiction of the judicial court, which has final jurisdiction. Disputes are referred to the court by means of a petition. The application is admissible only if it is made within fifteen days of the publication provided for in article R. 23-112-14 before the judicial court within whose jurisdiction the regional directorate for companies, competition,…

The Court of First Instance shall give its decision within ten days of the matter being referred to it, without any costs or procedural formalities, and after giving three days’ notice to all interested parties. The court’s decision is notified to the parties by the clerk’s office within three days by registered letter with acknowledgement of receipt. The court clerk’s office sends a copy within the same time limit to…

An appeal may be lodged against the decision of the court of first instance within ten days of its notification. The appeal is lodged, investigated and judged under the conditions set out in articles 999 to 1008 of the Code of Civil Procedure.

The time limits set by articles R. 23-112-15 to R. 23-112-17 are calculated and extended in accordance with the provisions of articles 640, 641 and 642 of the Code of Civil Procedure.

If it is not possible to appoint a representative within the time limit set by the order referred to in Article R. 23-112-10 or if a member of the Commission ceases to hold office, another member may be appointed to the Commission under the conditions set out in this sub-section. However, this appointment shall not be made less than six months before the end of the term of office. Members…