lundi 16 février 2015

The Council of prud' men



          The Council of prud' men


Councill of  prud' men, jurisdiction charged to slice the individual litigations of work.
The council of prud' men is the jurisdiction that the employer or, more often, the employee must seize in the event of disagreement born of the contract of employment. It can be a question for example of a dissension concerning a dismissal for fault or any other disciplinary measurement, the payment of the wages or the paid-leaves, the delivery of an attestation of employment or the execution of a clause of not-competition (see  Contract of employment). On the other hand, the concept of individual litigation excludes that the council of prud' men is received to appreciate the legality of a strike. The employees of the public services employed under conditions of private law can seize the council of prud' men, but not the civils servant and the contract employees of public law, which concern the administrative jurisdictions (see  Council of State).
The councils of prud' men present this characteristic which they include/understand no professional judge but are composed in an equal number of paid and employers elected by their pars. All the employees (including those which are with unemployment) and the employers can take part in the elections since they have more than sixteen years. The conditions of eligibility are more strict since the candidates must have at least twenty and one years and have French nationality. The poll takes place during the hours working (without reserve of wages) and a place close to the place of work.
Each council is subdivided in five sections, which cover the whole of the economic activities: industry, trade and services, agriculture, activities various, framing. Any business is the subject initially of an attempt at conciliation then, in the event of failure, of a judgement given by two paid and two employers. If these four advisers do not manage to release a majority, they meet again with in the chair judge of authority.

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