LexInter | January 16, 2003 | 0 Comments

STAFF REPRESENTATIVES RIGHT TO INFORMATION

Article 99

The second paragraph of Article L. 321-3 of the Labor Code reads as follows:
“In the companies or professions mentioned above where at least fifty employees are usually employed, the employers who plan to make a dismissal there in the conditions referred to in the previous paragraph are required to meet and consult the works council or, failing that, the staff representatives. These operations are carried out after the completion of the consultation procedures provided for in the first and second chapters of title III of book IV of this code and, where applicable, after adoption by the company’s management and supervisory bodies, of the decision provided for in Articles L. 239-1 and L. 239-2 of the Commercial Code. ”

Article 100

It is inserted, after article L. 431-5 of the labor code, an article L. 431-5-1 as follows:
“Art. L. 431-5-1. – When the business manager makes a public announcement focusing exclusively on the business’s economic strategy and the implementation measures of which are not likely to significantly affect working or employment conditions, the works council meets as of right at its request within 48 hours of said announcement. The employer is required to provide him with any useful explanation.
“The business manager can only make a public announcement whose implementation measures are likely to significantly affect the working or employment conditions of employees.
“When the public announcement affects several companies belonging to a group, the members of the works councils of each company concerned as well as the members of the group committee and, where applicable, the members of the European works council are informed.
“Failure to inform the works council, members of the group committee and, where applicable, members of the European works council in application of the foregoing provisions is punishable by the penalties provided for in articles L. 483- 1, L. 483-1-1 and L. 483-1-2. ”

Article 101

I. – The second paragraph of Article L. 432-1 of the Labor Code is replaced by six paragraphs worded as follows:
“The works council must be informed and consulted on any restructuring and workforce reduction plan. It gives an opinion on the said project and on its application methods and can formulate alternative proposals to this project. This opinion and any alternative proposals are sent to the competent administrative authority.
“The works council has a right of opposition which results in the referral to a mediator in accordance with the procedures provided for in article L. 432-1-3. For the duration of the mediator’s mission, the project in question is suspended.
“The works council, during its first meeting held in application of the second paragraph of this article, may decide to have recourse to the assistance of the chartered accountant under the conditions provided for in the first, second, third and sixth paragraphs of Article L. 434-6. In companies subject to the provisions of Articles L. 435-1 and L. 435-2, when the planned measures exceed the power of the head of the establishment (s) concerned or they target several establishments simultaneously, this designation is made. by the central works council. In this case, the second meeting of the works council (s) concerned cannot take place before the second meeting of the central works council is held. If the central works council does not
“On the occasion of the consultation provided for in the second paragraph of this article, the employer is required to provide the works council with a reasoned response to its opinions and to any alternative proposals during a second meeting which is held within a minimum period of fifteen days from the date of the first meeting. When the works council has appointed an accountant, the second meeting provided for in this paragraph takes place twenty-one days at the latest after the first meeting. The accountant’s report is sent to the members of the works council and to the head of the company at least eight days before the date scheduled for the second meeting.
“The employer cannot present a job protection plan under Article L. 321-4-1 until he has provided a reasoned response to the opinions and alternative proposals formulated by the committee. company in application of the preceding provisions.
“The provisions of the third to sixth paragraphs are not applicable to companies in receivership or liquidation. ”
II. – In the second sentence of the first paragraph of article L. 434-6 of the same code, the words: “in articles L. 432-1 bis and L. 432-5” are replaced by the words: “in articles L . 432-1 (fourth paragraph), L. 432-1 bis and L. 432-5 ”.

Article 102
I. – In the penultimate paragraph of Article L. 435-3 of the Labor Code, the word: “fourth” is replaced by the word: “ninth”.
II. – In the fourth paragraph of article L. 439-2 of the same code, the words: “fourth and fifth” are replaced by the words: “ninth and tenth”.

 

Article 103
At the end of Article L. 321-9 of the Labor Code, the words: “L. 432-1, third paragraph” are replaced by the words: “L. 432-1, second paragraph”.

v. LAW RELATING TO COLLECTIVE BARGAINING IN THE MATTER OF ECONOMIC Dismissal
Article 104

In the last paragraph of Article L. 432-1 bis of the Labor Code, the word: “fourth” is replaced by the word: “ninth”.

 

Article 105
After article L. 432-1-1 of the labor code, an article L. 432-1-2 is inserted as follows:
“Art. L. 432-1-2. – When the restructuring and workforce reduction plan submitted to the works council under Article L. 432-1 is likely to affect the volume of activity or employment of a subcontractor company, the ordering company must immediately inform the subcontracting company. The latter’s works council, or failing that the staff representatives, are immediately informed and receive any useful explanation on the probable development of the activity and employment. “

.v LAW RELATING TO COLLECTIVE BARGAINING IN THE MATTER OF ECONOMIC Dismissal
Article 106

After article L. 432-1-1 of the labor code, an article L. 432-1-3 is inserted as follows:
“Art. L. 432-1-3. – In the event of a project for the total or partial cessation of activity of an establishment or of an autonomous economic entity resulting in the elimination of at least one hundred jobs, if there remains a significant discrepancy between the project presented by the employer and the alternative proposal (s) presented by the works council, either party may refer a case to a mediator, on a list drawn up by the Minister of Labor.
“This referral takes place no later than eight days following the end of the information and consultation procedure provided for in the second to fifth paragraphs of article L. 432-1.
“The choice of the mediator is the subject of an agreement between the head of the company and the majority of the members of the works council. In the event of disagreement, the decision is taken by the president of the tribunal de grande instance seized by the most diligent party. He decides urgently.
“The duration of the mediator’s mission is fixed by agreement of the parties. Failing agreement, it cannot exceed one month.
“The mediator has, within the framework of his mission, the broadest powers to inform himself of the situation of the company.
“After having collected the drafts and proposals of the parties, the mediator is responsible for reconciling their points of view and making a recommendation. The parties have five days to notify the mediator in writing of their acceptance or rejection of his recommendation.
“If accepted by both parties, the mediator’s recommendation is forwarded by the mediator to the competent administrative authority. It has the legal effects of an agreement within the meaning of Articles L. 132-1 et seq.
“If the recommendation is refused, the mediator immediately transmits it to the company’s management or supervisory body for the decision provided for in Article L. 239-1 of the Commercial Code. The recommendation must be attached to the social and territorial impact study presented to this body.
“A decree in the Council of State specifies the methods of appointment, referral and exercise of the missions of mediators, as well as the conditions of remuneration of their missions by companies.
“The works council may refer the matter to the judge ruling in the form of summary proceedings in order to verify whether the proposals made to avoid dismissals by the works council or, where applicable, by the mediator have been formulated in the forms provided below. above.
“The provisions of this article are not applicable to companies in receivership and liquidation. “

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