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 Chairman will note this abstention in the minutes, which he will forward to the Public Prosecutor at the Court of Appeal, who will refer the matter to the Court of Appeal.
The Court of Appeal decides on the resignation of the Conseiller Prud’homme who refuses to perform the service to which he has been summoned in chambers in the light of the aforementioned report. The person concerned is summoned to appear before the Court of Appeal.