Subsection 4: Industrial tribunal members

Articles in this section · 18

Article R1423-55

French Labour CodeIn force

Updated 5 Nov 2023

The employment tribunal activities referred to in Article L. 1442-5 are :

1° The following activities relating to the role of employee representative:

a) Taking the oath ;

b) Setting up the industrial tribunal ;

c) Attendance at general meetings of the Council, section or chamber meetings and the restricted formation provided for in article R. 1423-27;

d) Attendance at preparatory meetings for the meetings provided for in c);

e) Participation in committees provided for by legislative or regulatory provisions or set up by the internal rules of procedure;

f) Attendance at the official opening of the court ;

g) Reminders by the First President of the obligations provided for in Article L. 1442-13-1 ;

h) Interviews, preliminary hearings and appearances before the Commission nationale de discipline des conseillers prud'hommes referred to in Article L. 1442-13-2 ;

i) Assisting or representing a councillor during the interviews, hearings and appearances referred to in the previous paragraph;

j) Completion of the compulsory initial training provided for in articles L. 1442-1 and L. 1442-2.

2° The following jurisdictional activities :

a) The preparatory study of a case file, prior to the hearing of the summary proceedings panel, the conciliation and referral office or the judgment office, by the president of the panel or office or by an adviser designated by him;

b) The investigative measures provided for in Section 1 of Chapter IV of Title V of this Book, initiated by the Conseiller-Rapporteur, and the drafting of his report;

c) Attendance at the hearing of the summary proceedings panel, the conciliation and referral office or the adjudication office, as well as the hearing of the reconciliation panel and the hearing provided for in 2° of Article L. 1454-1-1 ;

d) The study of a case file after the hearing at which the case is examined and prior to the deliberation by two members, one an employer, the other an employee, of the summary proceedings panel or the adjudication committee, who are designated, in this case, by the chairman of the committee;

e) Participating in the deliberations;

f) Drafting decisions and minutes, at the seat of the industrial tribunal or outside the tribunal;

g) rereading and signing by the chairman of the summary proceedings panel or the adjudication committee of decisions that have been drafted by another member of one of these panels;

3° The administrative activities of the Chairman and Vice-Chairman of the Council provided for in articles R. 1423-7 and R. 1423-31 ;

4° The administrative activities of the section chairmen and vice-chairmen.

5° The administrative activities of the chairmen and vice-chairmen of the chambers.

The terms of compensation for the activities mentioned in this article are set by the decree provided for in 2° of article R. 1423-51.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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