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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