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Article D1442-11 of the French Labour Code

If they have never held judicial office in an industrial tribunal, they are invited to take the oath: 1° The councillor appointed after the general renewal ; 2° A councillor appointed during his term of office to fill a seat that has become vacant; 3° A councillor appointed when a labour tribunal is created.

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Article D1442-12 of the French Labour Code

The public prosecutor of the judicial court within whose jurisdiction the seat of the industrial tribunal is located will issue the summons to take the oath at the court hearing within one month of publication of the appointment order referred to in articles L. 1441-1 and L. 1441-26.

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Article D1442-14 of the French Labour Code

On the day of the public installation of the industrial tribunal, on the occasion of the formal hearing mentioned in 1° of article R. 1423-13, the minutes of the taking of the oath are read out. The councillors mentioned in 1° of article D. 1442-11 take up their duties upon installation. The councillors mentioned in 2° of article D. 1442-11 are installed at the hearing of the adjudication committee of…

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Article D1442-17 of the French Labour Code

A councillor who relinquishes his office sends his resignation to the president of the industrial tribunal and informs the public prosecutor at the court of appeal by registered letter with acknowledgement of receipt. The resignation becomes final one month after this letter is sent.

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Article D1442-18 of the French Labour Code

An industrial tribunal member who, during his term of office, becomes an employer while sitting as an employee, or becomes an employee while sitting as an employer, must declare this to the public prosecutor at the court of appeal and to the president of the industrial tribunal. This declaration automatically entails his resignation. In the absence of such a declaration, the Public Prosecutor at the Court of Appeal will refer…

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Article D1442-19 of the French Labour Code

When a councillor’s seat becomes vacant for any reason whatsoever, the chairman or vice-chairman of this council shall note the vacancy and inform the public prosecutor at the court of appeal within eight days. The Public Prosecutor immediately informs the Minister of Justice.

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Article D1442-20 of the French Labour Code

The president of the industrial tribunal, after obtaining the opinion of the vice-president, records the refusal of service of an industrial tribunal member of his court as provided for in article L. 1442-12 in a report containing the reasoned opinion of the section or chamber. The councillor is first heard or duly summoned. If the section or chamber does not issue its opinion within one month of being convened, the…

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