The establishment of the industrial tribunal Under the reign of Philip the Fair were set up as the first industrial tribunals. In the year 1296 , the city council of Paris created twenty-four tribunal and instructed to assist the provost of the merchants and aldermen to decide, ultimately, any disputes which may arise between the merchants and manufacturers who attended the fairs and markets established at that time, they went further, making the visit to the masters and can be viewed, and there, as the origin of the guards and the jury subsequently established in each community arts and crafts. For nearly two centuries, the city of Paris has one of the tribunal.
In many maritime cities, including Marseille, there is an industrial tribunal whose origin seems very old. They are tribunals fishermen who judge fines for fisheries and maritime disputes between seamen during their occupation of fishing. This category of tribunals go up, it is believed, at the time of King Rene , Count of Provence ( 1462 ). Different stops in May 1758 , November 1776 , October 1778 and March 1786 were regulated with little change this institution who crossed smoothly the Revolution of 1789, arriving as it is until today, as it was soon the fifteenth century.
From Empire to the Third Republic
This is the 18 March 1806 a law creating an industrial tribunal in Lyon is promulgated by Napoleon I then supplemented by a decree of 3 July 1806 : Employers are in the majority. Courts to promote reconciliation between manufacturers of silk workers and Lyons ( silk workers ) already existed and served as an example. In Paris, an industrial tribunal for the metalworking industries is established in 1845 and again in 1847 of industrial tribunals for fabrics, and for chemicals for various industries.
The Second Republic of the tribunal law revises the Act of 27 May 1848 , which gives the institution a strong element in its current form with the emergence of the peer ("employers" and "employees" making all the decisions). The law of 1848 declared voters for industrial tribunals all bosses, foremen, supervisors, fellow workers and aged 21 years and resident for at least six months in the constituency of the Labour Court. She said the same eligible if they could read and write if they were resident for at least a year in the district council.
She put in the class of patterns foremen, foremen and all those who paid license for over a year and employed one or more workers. The president gave the casting vote, but it lasted three months and was awarded alternately to a boss and a worker, each elected by their respective colleagues. The conciliation hearings should be held by two members: one boss, the other worker, four and four bosses tribunal tribunals workers should call the general office or trial.
The law specified that the number of workers labor court would still be equal to the tribunal and employers provided that each board would have at least 6 members and 26 more. It was conducted two elections: in the first, workers and bosses named a number of candidates three times that they were entitled, in the second, which was final, workers choose from among candidates bosses, tribunal bosses and bosses chose to turn the tribunal Atop the list of Labour candidates.
Thus, during the nineteenth century , the industrial tribunals are rooted in the legal and social landscape of France. Their number is increasing - one in Paris being created in 1844-1847 - to over eighty in the middle of the century. The prior conciliation procedure ends (then) in 90% of cases and judgments are trying to develop case law on the basis of local custom. As a result, the tribunal aroused the interest of the labor movement: in 1848, all workers become eligible voters, and in 1880, the president and vice president are elected under the system of parity. A 1905 law removes the casting vote of chairman and transfers the call of the commercial courts to civilian courts. During their second century of existence, the industrial tribunals have been extended to new occupations open to women (1907-1908) and foreign .
In the Fourth Republic to the Present
A reform implemented in 1979, the Act Boulin, generalizes the institution both geographically and in the coverage of industries; a final bill will occur no later than 3 years to reduce these electoral mandates to 5 years. There are now 271 but the Minister of Justice announced in 2008 the closure of 63 of them
Organization
The geographical location of industrial tribunals is variable (based on population, economic structure, etc..), But the law stipulates that it must be at least one within the jurisdiction of each High Court.
The dispute is reviewed by the industrial tribunal which executes the employment contract (with the exceptions listed exhaustively by law) or the one in the jurisdiction under which the employee's residence.
The disputes are discussed in the section corresponding to the area of primary activity of the employer or the special status of the employee (sales representatives, managers), each industrial tribunal has a training summary , and (with exceptions) five sections:
The section is composed as follows:
- Conciliation Board: employee counselor and advisor employer
- an office trial, two employees and two consultants counselors employers.
The section can be divided into several chambers.
Respect of the peer wants the chairmanships and vice chairmanships alternate from one year to another, between college employees and college employers regarding advice and sections (for example, when the chair is a employee, the vice president is an employer). During the year, for hearings, the Presidency falls alternately in each college.
The industrial tribunals
Obverse of the badge of membership function of industrial tribunals.
The Labour Court is a training joint elected in two colleges: by employees, on the one hand, and by employers, on the other. Each " college "(employers and employees registered to industrial tribunals) elect the same number of advisers.
The mandate lasts five years to advise and is renewable for another full term, even from the tenth year following termination of professional activity (if there is an election that year). The industrial tribunal elections were, until the Act of August 20, 2008 which now relies on the elections of staff representatives in business, the major test of representativeness of trade unions to employees.
Members of industrial tribunals exercise a voluntary basis, but they are:
- or lump sum compensation for time spent in their duties, if elected college or employers if elected college employees and no occupation (job seekers, pensioners, etc..)
- normally be paid if they are active employees and elected officials of the college and the employer concerned is then reimbursed by the State and maintained the salary and related payroll taxes.
The elected councilors of the college employees can perform their duties during their working hours or see this judicial activity equated to working time (workers known as "posted"); employees elected to the College Employers (human resource managers, managers) are essential for officials' salaries by their employer and they put up with their conditions of pay and working time.
During their term and until six months after the end of that mandate, members of industrial tribunals employees can be fired without the authorization of the Labour Inspection (they have the status of protected employees ).
Is often criticized that court that the counselors are not professional law. However, the rate of confirmation of their decisions by appellate courts is not lower than that of other courts of first instance.
Advisors employees benefit from an absence of 36 days per term for their training.
The chairman and vice chairman are elected on an equal footing and college in general meeting, with a term of one year. The functions are assigned alternately to two colleges: one year on both the president is coming from college employees, the vice-president of the employers.
A counselor can be a worthy adviser of the employee in office.
By a royal decree of November 12, 1828, Charles X grants to members of industrial tribunals, a badge specific (see illustration.) shaped eight-pointed star, worn on a ribbon black ribbon.
Today, the badge became a medal depicting a round Marianne profile, attached to a red ribbon and blue. The medal is gold to the presiding member, silver or for the assessors.
The elections for industrial
The parties and the proceedings relating to employment
Similarities with other civil courts
The Labour Court is a court full, with all aspects attached, that is to say:
- Like some other judges, the worthy advisor ready oath .
- Under the joint supervision of the first President of the Court of Appeal and the prosecutor , the industrial tribunal is headed by a chairman and a vice-president (alternating annually employer and employee), it is the same in the sections with a president and a vice-president. The "administrative office" of an industrial tribunal is composed of all presidents and vice presidents section. General meetings or section may be convened in extraordinary session, in addition to the ordinary annual general meeting of the beginning of each year. In addition, a formal hearing this before the end of January, an assessment of judicial activity of the past year and announce the opening of the new judicial year, this corollary with the introduction of new presidents elected or reelected.
- The industrial tribunal judge "On behalf of the French people. "
- The adversarial nature of the procedure that is equally respected in the other courts: both parties turn to emit freely around their arguments.
- The procedure is here described as an "oral" under the provisions of Article 16 of the Code of Civil Procedure, which establishes the principle of adversarial, even when the parties are not represented by counsel or a union representative, they must proceed in good time (well before the day of the hearing of oral argument), an exchange of parts that will be paid to the debates, and the parties may submit written submissions (not mandatory), which should also be communicated. If a part is used in the last minute, without having been notified, she may be dismissed by the trial bench (unless the opposing party does not object to its production) or the debate is postponed until a further hearing.
- The tribunal members are acting in complete independence. However antagonism may occur: the proximity of the trade union bodies and professional advisers Employees and employers are sometimes considered likely to interfere with this independence, from the allegation that some tribunal members have a term called "imperative" their organization, contrary to the oath they took, however, counselors are supposed to judge "by law" and not based on beliefs. In the facts and statistically References
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