In principle, the power to reclassify a short-term contract as a permanent contract falls under the aegis of the Industrial Tribunal (C. trav., art. L. 1245-2).
The ruling handed down by the Court’s social chamber extends this jurisdiction to the tribunal d’instance in one specific case: electoral disputes.
Indeed, although the Court was careful to reiterate the principle of exclusive jurisdiction of the industrial tribunal, it then specified that trade union body may request “reclassification" of a short-term contract as a permanent contract in the context of an electoral dispute regarding particularly, the calculation of numbers.
It is therefore very likely that the ruling of the electoral court to reclassify a short-term contract as a permanent contract will then be used by the employees in action before the industrial tribunal. A breach has been opened.