Description

This internship will allow you to understand the general operating rules of the Industrial Tribunal. He will show you how to put together a labor tribunal case, develop a well-constructed, solid argument, and use the possible avenues of appeal.

Who is this training for ?

Human Resources Directors, Human Resources managers, SME managers, HR or management assistants and more generally any person responsible for personnel management.

Training objectives

Training program

• The industrial tribunal
  • The different compositions: conciliation office, judgment office, summary proceedings.
  • The distribution of cases by section.
  • The areas of competence of the industrial tribunal men: attribution and territorial skills.
  • Example Illustrations based on real cases.
• The procedure before the Industrial Tribunal
  • Referral to the industrial tribunal by the employee or employer.
  • Procedural incidents: incompetence, inadmissibility, dismissal, lapsed, radiation.
  • The conciliation phase: progress and analysis of the different possibilities left to the parties.
  • The legal scale.
  • The communication of documents: who communicates what and when? The implications of the disrespect of the communication deadline.
  • The phase before the judgment office: the principle of adversarial and orality.
  • The designation of a rapporteur advisor: role and progress of the investigation.
  • Expert before the industrial tribunal.
  • The tie-breaking hearing: in what cases? According to what procedures?rnExchangesr nExchanges with trainees based on their experiences or the situations they have to manage.
• Preparing the industrial tribunal file
  • Collection of documents.
  • Methods of proof: validity of written testimony, GPS readings, video surveillance, bailiff's report.
  • Construction of the argument: it must be consistent with the evidence that we are able to produce.
  • Collective reflection The importance of managing the file well upstream and not using means illegal or inadmissible.
• Judgment and appeals
  • Execution of the judgment.
  • Presentation of the means of appeal: appeal, opposition.
  • Recourse to cassation.
  • Appealing a judgment: feasibility and appropriateness.
  • Filing an appeal in cassation: a very regulated avenue of appeal.
  • Collective reflection Reflection on the opportunity to appeal beyond the possibility offered by law.