Responsibilities And Powers Of The Works Council
LexInter | August 13, 2017 | 0 Comments

Responsibilities And Powers Of The Works Council

LABOR CODE
(Legislative Part)
 

Chapter II: Functions and powers

Article L432-1

165 Official Journal of July 27, 2005 in force on January 1, 2006 subject to art. 190) (Law n ° 2006-387 of March 31, 2006 art. 7 Official Journal of April 1, 2006)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


In the economic sphere, the works council must be informed and consulted on questions concerning the organization, management and general running of the company and, in particular, on measures likely to affect the volume or the structure. staffing, working hours, employment, working conditions and professional training of staff.
The works council must be informed in good time of workforce reduction plans; it issues an opinion on the proposed transaction and its application procedures. This opinion is sent to the competent administrative authority.
The committee is informed and consulted on changes in the economic or legal organization of the company, in particular in the event of a merger, sale, major modification of the production structures of the company as well as during the acquisition or the sale of subsidiaries within the meaning of Article L. 233-1 of the Commercial Code. The company manager must indicate the reasons for the planned changes and consult the committee on the measures envisaged with regard to employees when these changes have consequences for them. It is also required to consult the works council when it takes a stake in a company and to inform it when it becomes aware of
In the event of a public takeover bid relating to a company, the head of this company and the head of the company which is the author of this offer immediately convene their respective works council to inform him of it. The head of the company making the offer convenes the works council under the conditions provided for in article L. 432-1 ter of this code. During the meeting of the committee of the company which is the subject of the offer, it decides whether it wishes to hear the author of the offer and can decide on the friendly or hostile nature of the offer. offer. The head of the company making the offer sends to the committee of the company which is the subject of the offer, within three days of its publication, the information note mentioned in IX of Article L. 621-8 of the Monetary and Financial Code. The hearing of the author of the offer takes place in the forms, conditions, deadlines and under the penalties provided for in the following paragraphs.
If the offer is submitted by a company without a works council, and without prejudice to article L. 422-3 of this code, the head of this company shall directly inform the members of the staff. Likewise, in the absence of a works council in the company which is the subject of the offer, and without prejudice to the aforementioned article L. 422-3, the head of this company directly informs the members of the personnel. . In this case and within three days of the publication of the information note mentioned in IX of Article L. 621-8 of the Monetary and Financial Code, the author of the offer sends it to the head of the company. subject to

   Within fifteen days following the publication of the information note and before the date of the convening of the general meeting held in application of article L. 233-32 of the commercial code, the works council meets to proceed for its examination and, where appropriate, for the hearing of the author of the offer. If the works council has decided to hear the author of the offer, the date of the meeting is communicated to the latter at least three days in advance. During the meeting, the offeror may be assisted by persons of his choice. It presents its industrial and financial policy to the works council, its strategic plans for the target company and the repercussions of the implementation of the offer on all interests, employment, sites of activity and the location of the decision-making centers of said company. It takes note of any observations made by the works council. The latter may be assisted beforehand and during the meeting by an expert of his choice under the conditions provided for in the eighth and ninth paragraphs of article L. 434-6. business. The latter may be assisted beforehand and during the meeting by an expert of his choice under the conditions provided for in the eighth and ninth paragraphs of article L. 434-6. business. The latter may be assisted beforehand and during the meeting by an expert of his choice under the conditions provided for in the eighth and ninth paragraphs of article L. 434-6.
The company that has submitted an offer and whose head of the company, or the representative he designates from among the corporate officers or employees of the company, does not attend the meeting of the works council to which he was appointed. invited under the conditions provided for in the three previous paragraphs cannot exercise the voting rights attached to the securities of the company that is the subject of the offer that it holds or would come to hold. This prohibition extends to companies which control it or which it controls within the meaning of Article L. 233-16 of the Commercial Code. An identical sanction applies to the offeror, a natural person, who does not attend the meeting of the committee.
The sanction is lifted the day after the author of the offer was heard by the works council of the company which is the subject of the offer. The sanction is also lifted if the author of the offer is not invited to a new meeting of the works council within the fifteen days following the meeting to which he was previously convened.
It is also informed and consulted before any declaration of suspension of payments and when the company is the subject of a safeguard or reorganization or judicial liquidation procedure, before any decision relating to the continuation of the activity as well as when the preparation of the plan for the safeguard or recovery of the company under the conditions provided for in Articles L. 623-3, L. 626-8 and L. 621-91 (1) of the Commercial Code. The person or persons he has designated in accordance with the provisions of Article L661-10 of the Commercial Code are heard by the competent court under the conditions set out in Articles L. 621-4, L. 626-4, L. 621 -27, L. 621-62 (1) and L. 626-26 of the Commercial Code.

The works council is consulted each year on the company’s research and technological development policy. Otherwise, public aid for research and technological development activities is suspended.

NOTE (1): Articles L621-91, L621-27 and L621-62 of the Commercial Code have been repealed by Article 1 I of Law No. 2005-845 of July 26, 2005.
NOTE: Ordinance 2007-329 2007 -03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L432-1 bis

(Law n ° 2001-420 of May 15, 2001 art. 95 I Official Journal of May 16, 2001)
(Law n ° 2002-73 of January 17, 2002 art. 104 Official Journal of January 18, 2002)
(Law n ° 2003-6 of January 3, 2003 art. 1 Official Journal of January 4, 2003)
(Law n ° 2005-32 of January 18, 2005 art. 71 I Official Journal of January 19, 2005)
(Law n ° 2006-387 of March 31, 2006 art. 8 Official Journal of April 1, 2006)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


 When a company is party to a concentration operation as defined in Article L. 430-1 of the Commercial Code, the company manager convenes the works council at the latest within three days from the publication provided for in the third paragraph of Article L. 430-3 of the same code or that provided for in paragraph 3 of Article 4 of Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentration between companies.
During this meeting, the works council or, where applicable, the economic commission decides on the use of an expert under the conditions provided for in article L. 434-6. In this case, the works council or the economic commission holds a second meeting in order to hear the results of the expert’s work.
The provisions of the first paragraph are deemed to be satisfied when the works council meets in application of the fourth and fifth paragraphs of article L. 432-1.

NOTE: Ordinance 2007-329 2007-03-12 art. 14:

 

Article L432-1 ter

(Law nº 2005-32 of January 18, 2005 art. 77 III Official Journal of January 19, 2005) (Repealed by Ordinance nº 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force no later than the 1st March 2008)

By way of derogation from Article L. 431-5, the company director is not required to consult the works council before the launch of a public takeover bid or a public exchange offer relating to on the capital of a company. On the other hand, it must convene the works council within two working days following the publication of the offer in order to send it written and precise information on the content of the offer and on the consequences in terms of employment. ‘she is likely to result.

NOTE: Ordinance 2007-329 2007-03-12 art. 14:

Article L432-1-1

(Law n ° 89-549 of August 2, 1989 art. 1 II Official Journal of August 8, 1989)
(Law n ° 90-613 of July 12, 1990 art. 37 III Official Journal of July 14, 1990)
(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


Each year, on the occasion of the meeting provided for in the second paragraph of article L. 432-4, the works council is informed and consulted on the development of employment and qualifications in the company during of the past year. It is informed and consulted on the annual or multiannual forecasts and the actions, in particular of prevention and training, that the employer plans to implement in view of these forecasts, particularly for the benefit of elderly employees or those with social or social characteristics. qualification which exposes them more than others to the consequences of economic or technological development.
The employer provides full explanations of any discrepancies observed between the forecasts and the actual development of employment, as well as the conditions for carrying out the actions planned for the past year.
Prior to the consultation meeting, the members of the committee receive a written report containing all useful information on the company’s situation, in particular that provided for in this article and in article L. 432-4-1.
This report and the minutes of the meeting are sent within fifteen days to the competent administrative authority.

   * Note – Law 89-549 of August 2, 1989 art. 36: date of application of the provisions of this law. * * Note – Law 90-613 of 12 July 1990 art. 43: the provisions of this law apply to contracts concluded after its entry into force. * NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-1-2

(Law n ° 2002-73 of January 17, 2002 art. 105 Official Journal of January 18, 2002)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


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.

   NOTE: Ordinance 2007-329 2007-03-12 art. 14:

Article L432-2

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Law n ° 82-915 of October 28, 1982 Official Journal of October 29, 1982)
(Law n ° 82-915 of October 28, 1982 art. 29 Official Journal of October 29, 1982)
(Law nº 86-1320 of December 30, 1986 art. 20 III 1º Official Journal of December 31, 1986)
(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


 The works council is informed and consulted, prior to any major project to introduce new technologies, when these are likely to have consequences on employment, qualifications, remuneration, training or working conditions. staff work. The members of the committee receive, one month before the meeting, elements of information on these projects and their consequences with regard to the points mentioned above.

   When the employer plans to implement major and rapid technological changes, he must establish an adaptation plan. This plan is sent, for information and consultation, to the works council at the same time as the other information relating to the introduction of new technologies. In addition, the works council is regularly informed and periodically consulted on the implementation of this plan.

* NOTE – Law 86-1320 of December 30, 1986 art. 22: the provisions of this law are applicable to dismissal procedures initiated as of January 1, 1987. * NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-2-1

(Law nº 92-1446 of December 31, 1992 art. 28 Official Journal of January 1, 1993)
(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


 The works council is informed, prior to their use, of the methods or techniques to help recruit candidates for a job as well as of any modification thereof.


He is also informed, prior to their introduction into the company, about automated personnel management processes and any modification thereof.


The works council is informed and consulted, prior to the implementation decision in the company, on the means or techniques allowing the control of the activity of the employees.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.
 

Article L432-3

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-915 of October 28, 1982 Official Journal of October 29, 1982) (Law n ° 82-915 of October 28, 1982 art. 29 Official Journal of October 29, 1982) (Law no.82-1097 of December 23, 1982 art. 13 Official Journal of December 26, 1982) (Law no.83-635 of July 13, 1983 art. 10 Official Journal of July 14, 1983) (Law no.83-675 of July 26, 1983 art. 34 Official Journal of July 27, 1983) (Law nº 84-130 of February 24, 1984 art. 18 Official Journal of February 25, 1984 RIGOULT LAW) (Law nº 87-517 of July 10, 1987 art. 8 Journal Official of July 12, 1987 in force on January 1, 1988) (Law nº 89-1009 of December 31, 1989 art. 14 Official Journal of January 2, 1990) (Law nº 91-1405 of December 31, 1991 art. 1 I 2º, art.15 I Official Journal of January 4, 1992) (Law nº 92-675 of July 17, 1992 art. 15 Official Journal of July 19, 1992) (Law nº 94-678 of August 8, 1994 art. 14 XI Official Journal of August 10, 1994) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


The works council is informed and consulted on general problems concerning working conditions resulting from the organization of work, technology, conditions of employment, organization of working time, qualifications and methods of remuneration.
To this end, it studies the impact on working conditions of the employer’s plans and decisions in the aforementioned fields and formulates proposals. It benefits from the assistance of the health, safety and working conditions committee in matters falling within the competence of this committee, the opinions of which are transmitted to it.
The works council may entrust the health, safety and working conditions committee with the task of carrying out studies on matters within the competence of the latter committee.
The works council is consulted on the duration and organization of working time as well as on the plan for staggering leave under the conditions provided for in Article L. 223-7; it deliberates each year on the conditions for applying the schedule adjustments provided for in article L. 212-4-8.
It is also consulted, in conjunction with the health, safety and working conditions committee, on the measures taken – conditions of their reception, trial period and workstation layout – with a view to facilitating the setting up or the return to work of work-related accidents, war invalids and the like, civilian invalids, disabled workers, in particular those relating to the application of section one of chapter III of title II of book III of this code . It is also consulted on the measures which intervene under the financial assistance provided for in the last paragraph of Article L. 323-9 or within the framework of a subcontracting and

   The committee is consulted on the allocation of the contribution on wages for the construction effort, whatever the purpose, as well as on the housing conditions of the foreign workers that the company intends to recruit. in accordance with the procedures provided for in Article L. 341-9.
It must be consulted on the orientations of vocational training in the company under the conditions provided for in Article L. 933-1 of this code and gives its opinion on the training plan of the company under the conditions provided for in the Article L. 933-3.
The works council must be informed and consulted prior to the establishment of a collective guarantee mentioned in Article L. 911-2 of the Social Security Code or to the modification thereof.

The works council must be consulted on:
1 ° The company’s learning objectives;
2 ° The number of apprentices likely to be accepted in the company by initial level of training, by diploma, approved title or engineer title prepared;
3 ° The conditions for the implementation of apprenticeship contracts, in particular the terms of reception, assignment to suitable positions,
4 ° The terms of liaison between the company and the apprenticeship training center;
5 ° The allocation of the sums collected for the apprenticeship tax;
6 ° The conditions for implementing the professional choice assistance agreements for students in preparatory classes for apprenticeship.
He is also informed of:
1 ° The number of apprentices hired by the company, by age and sex, diplomas, approved titles or engineering titles obtained in whole or in part by the apprentices and the manner in which they ‘have been ;
2 ° The employment prospects of apprentices.
This consultation and this information may take place during the consultations of the works council provided for in Article L. 933-3.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L432-3-1

(Law n ° 83-635 of July 13, 1983 art. 11 Official Journal of July 14, 1983) (Law n ° 89-549 of August 2, 1989 art. 38 Official Journal of August 8, 1989) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Law n ° 2001-397 of May 9, 2001 art. 1, art. 2, art. 3 Official Journal of May 10, 2001) (Law n ° 2006-340 of March 23, 2006 art. . 7 Official Journal of March 24, 2006)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


Each year, the company manager submits for an opinion to the works council or, failing that, to the staff representatives, either directly or, if it exists, through the commission provided for in the last paragraph of the article. L. 434-7, a written report on the comparative situation of the general conditions of employment and training of women and men in the company. As such, this report includes an analysis on the basis of relevant indicators, based in particular on quantified elements, defined by decree and possibly supplemented by indicators which take into account the specific situation of the company, making it possible to assess, for each of the company’s professional categories, the respective situation of women and men in terms of hiring, training, professional promotion, qualification, classification, working conditions, effective remuneration and the link between professional activity and the exercise of the family responsibility. This report lists the measures taken over the past year to ensure professional equality, the objectives planned for the coming year and the qualitative and quantitative definition of the actions to be carried out in this regard as well as the evaluation of their cost. The union representatives receive the report under the same conditions as the members of the works council.

   In the event that actions provided for in the previous report or requested by the committee have not been carried out, the report gives the reasons for this non-performance.

The report, modified, if necessary, to take account of the reasoned opinion of the works council, is sent to the labor inspector accompanied by said opinion within the following fifteen days.
In the event of a business comprising multiple establishments, this report is sent to the central works council.
This report is made available to any employee who requests it.
The indicators mentioned in the first paragraph of this article are brought to the attention of the employees by the employer by posting on the workplace and, possibly, by any other means adapted to the conditions of exercise of the activity of the ‘business.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L43

(Law n ° 2006-1770 of December 30, 2006 art. 30 Official Journal of December 31, 2006)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


   In companies with a profit-sharing agreement, a profit-sharing agreement or an employee savings plan, when the works council is not a signatory, the employer consults it, before their extension or renewal, on the possible changes to be made to these agreements and plan, as well as the situation of employee shareholding and employee participation in the management of the company.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-3-2

(Law n ° 89-1009 of December 31, 1989 art. 16 Official Journal of January 2, 1990) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


At the request of the works council or, failing that, the staff representatives, the company manager presents to them each year the report mentioned in article 15 of law n ° 89-1009 of December 31, 1989 reinforcing the guarantees offered. to persons insured against certain risks.

   NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-4

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 75-5 of January 3, 1975 Official Journal of January 4, 1975)
Ordinance nº 82-131 of February 5, 1982 art. 15 VIII Official Journal of February 6, 1982 in force on March 1, 1982) Law n ° 82-915 of October 28, 1982 Official Journal of October 29, 1982) (Law n ° 82-915 of October 28, 1982 art. 29 Official Journal of October 29, 1982) ) (Law n ° 83-25 of January 19, 1983 art. 27 Official Journal of January 20, 1983) (Law n ° 84-148 of March 1, 1984 art. 42 Official Journal of March 2, 1984) Law n ° 89-18 of January 13, 1989 art. 50 I Official Journal of January 14, 1989)
(Law nº 89-905 of December 19, 1989 art. 2 Official Journal of December 20, 1989 in force on January 1, 1990) (Law nº 90-613 of July 12, 1990 art. 37 I Official Journal of July 14, 1990) (Law nº 94-678 of August 8, 1994 art. 10 II Official Journal of August 10, 1994) (Law n ° 2000-37 of January 19, 2000 art. 35 Official Journal of January 20, 2000 in force on February 1, 2000) (Law n ° 2001-7 of January 4, 2001 art. 6 Official Journal of January 5, 2001) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


One month after each election of the works council, the company manager sends him economic and financial documentation which must specify:
– the legal form of the company and its organization;
– the economic prospects of the company as they can be envisaged;
– where applicable, the company’s position within the group, as defined in article L. 439-1;
– taking into account the information available to the head of the company, the distribution of capital among the shareholders holding more than 10% of the capital and the position of the company in the branch of activity to which it belongs.

   article 19 of law n ° 2000-37 of January 19, 2000 relating to the negotiated reduction of the working time granted to the company by the State, the regions and the local communities and their employment, the investments, the evolution of the structure and amount of wages. In companies with at least three hundred employees, this report also traces the evolution of productivity and the rate of use of production capacities, when these elements are measurable in the company.

The company manager submits, on this occasion, a report showing the evolution of the average hourly and monthly remuneration by sex, by categories as provided for in the applicable labor agreement and by establishment, as well as the remuneration. minimum and maximum hourly and monthly, during the financial year and compared to the previous financial year.
This report also specifies the company’s economic outlook for the coming year.

In commercial companies, the company manager is required to communicate to the committee, before their presentation to the general meeting of shareholders or to the meeting of partners, all the documents that must be sent annually to these meetings and the report of the auditors.
The committee can make any useful observations on the economic and social situation of the company; these observations must be sent to the shareholders ‘or partners’ meeting at the same time as the report of the board of directors, the management board or the managers.
The committee can convene the statutory auditors to receive their explanations on the various items of the documents communicated as well as on the financial situation of the company.

The members of the works council are entitled to the same communications and to the same copies as the shareholders and at the same times under the conditions provided for by law n ° 66-537 of July 24, 1966 (1).
The works council receives communication of the accounting documents drawn up by companies which do not take the form of a commercial company.
In the companies referred to in article L. 232-2 of the commercial code, the documents drawn up in application of this article and articles L. 232-3 and L. 232-4 of the same code are communicated to the works council. . The same applies to companies not referred to in this article which draw up these documents. The information given to the works council in application of this paragraph is deemed to be confidential within the meaning of Article L. 432-7. The above provisions apply to the economic interest groups mentioned in Article L. 251-13 of the Commercial Code.
The works council also receives communication of the report referred to in Articles L. 223-37 and L. 225-231 of the Commercial Code and the responses, reports and deliberations in the cases provided for in Articles L. 234-1, L. 234 -2 and L. 251-15 of the Commercial Code.

article 1 of law n ° 89-1009 of December 31, 1989 reinforcing the guarantees offered to persons insured against certain risks under the collective guarantees mentioned in article L. 911-2 of the social security code. Each quarter in companies with at least three hundred employees and each semester in others, the company manager also informs the committee of the measures envisaged with regard to the improvement, renewal or transformation of equipment or services. production and exploitation methods and their impact on working and employment conditions.

NOTE: (1) Law n ° 66-537 of July 24, 1966 was repealed by ordinance 2000-912 of September 18, 2000 and codified in the Commercial Code.
NOTE: (2) Article 1050 of the rural code has been repealed and codified by article 6 I of ordinance 2000-550 of June 15, 2000 in article L. 727-2 of the rural code.
NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-4-1

Law nº 90-613 of July 12, 1990 art. 37 II Official Journal of July 14, 1990) (Law nº 91-1405 of December 31, 1991 art. 5 II Official Journal of January 4, 1992) (Law nº 92-1446 of December 31, 1992 art. 5 Official Journal of January 1, 1993) (Law nº 95-881 of August 4, 1995 art. 2 Official Journal of August 5, 1995) (Law nº 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Law nº 2002-73 of January 17 2002 art. 128 Official Journal of January 18, 2002)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


Each quarter, in companies with at least three hundred employees and each semester in others, the company manager informs the works council of the employment situation which is analyzed by retracing, month by month, the evolution of the workforce and the qualification of employees by sex by showing the number of employees with open-ended employment contracts, the number of employees under fixed-term employment contracts, the number of employees under part-time employment contracts, the number of employees under temporary employment contract, the number of employees belonging to an external company. The entrepreneur must also present to the committee the reasons for the which led to the use of the last four categories of personnel mentioned above. Finally, it communicates to it the number of working days worked, during each of the last three or six months, by employees under a fixed-term employment contract and under a temporary employment contract, as well as the number of work-study integration contracts. mentioned in Articles L. 981-1, L. 981-6 and L. 981-7. On this occasion, the company manager is required, at the request of the committee, to inform him of all contracts entered into with temporary employment companies for the provision of employees under temporary employment contracts as well as
When, between two committee meetings provided for in the above paragraph, the number of employees employed in the company under a fixed-term employment contract and under a temporary employment contract increases significantly compared to the situation existing at the time of the last meeting of the committee, the examination of this question is automatically entered on the agenda of the next ordinary meeting of the committee provided for in the first paragraph of article L. 434-3 if the majority of the members of the committee the request.
During this meeting, the company manager is required to inform the works council of the number of employees under a fixed-term employment contract and under a temporary employment contract, the reasons which led him to use it as well as the number days worked by those concerned since the last communication of information on this subject by the company manager.
When the works council is aware of facts likely to characterize an abusive use of fixed-term employment contracts and temporary employment contracts, or when it notes a significant increase in the number of employees employed in the company under contract fixed-term work and under a temporary employment contract, he may decide to refer the matter to the labor inspector so that he can carry out the findings he considers useful.

   Without prejudice to the powers that he holds by virtue of Articles L. 611-1 and L. 611-10, the labor inspector sends the employer the report of his findings. The employer communicates this report to the works council at the same time as his reasoned response to the findings of the labor inspector in which he specifies, as necessary, the means he is implementing within the framework of a plan to reduce insecurity intended to limit the use of these forms of employment contracts.
In the absence of a works council, the staff representatives may exercise the powers conferred on the works council for the application of the previous paragraph.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L432-4-1-1

(Law n ° 95-881 of August 4, 1995 art. 2 Official Journal of August 5, 1995 (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Law n ° 2003-1200 of December 18, 2003) art. 44 IV Official Journal of December 19, 2003 in force on January 1, 2004) Law nº 2005-32 of January 18, 2005 art. 53 2º Official Journal of January 19, 2005)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


The works or establishment committee or, failing that, the staff representatives are informed of the conclusion of agreements giving rise to the right to initiative-employment contracts, to employment support contracts, to integration contracts. minimum working income and contracts for the future. Each quarter in companies with more than three hundred employees and each semester in other companies, they receive a summary of all hires and net job creations made in this context.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-4-2

(Law n ° 93-1313 of December 20, 1993 art. 30 Official Journal of December 21, 1993) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


In companies with less than three hundred employees, the company manager submits a report to the works council once a year which replaces all the information and documents of an economic, social and financial nature, whatever their nature. periodicity, provided for in Articles L. 212-4-5, L. 432-1-1, L. 432-3-1, L. 432-4 (sixth, seventh, eighth paragraph and last sentence of the last paragraph) and L. 432-4-1 of this code.
This report covers:
1 ° The activity and financial situation of the company;
2 ° The assessment of part-time work in the company;
3 ° The evolution of employment, qualifications, training and wages;
4 ° The comparative situation of the general conditions of employment and training of women and men;
5 ° Actions in favor of the employment of disabled workers in the company.
The members of the works council receive the annual report two weeks before the meeting.
The report, amended if necessary following the meeting of the works council, is sent to the labor inspector, accompanied by the opinion of the committee, within the following fifteen days.
The terms of application of this article are specified by decree of the Council of State.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-4-3

(Law n ° 2006-1770 of December 30, 2006 art. 29 Official Journal of December 31, 2006)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


Without prejudice to the obligations incumbent on the head of the company in terms of consulting the works council, a collective branch, company or group agreement may adapt, in companies with at least three hundred employees, the information methods of the works council and organize the exchange of views to which the transmission of this information gives rise.
This agreement may replace all the information and documents of an economic, social and financial nature provided for in Articles L. 212-4-9, L. 432-1-1 and L. 432-3-1, by the sixth in the eighth paragraphs and by the last sentence of the last paragraph of article L. 432-4 and by article L. 432-4-1 a report of which it sets the frequency, at least annual, necessarily relating to:
1 ° L ‘activity and financial situation of the company;
2 ° The evolution of employment, qualifications, training and wages; the assessment of part-time work in the company;
3 ° The comparative situation of the general conditions of employment and training of women and men;
4 ° Actions in favor of the employment of disabled workers in the company.
The members of the works council receive this report fifteen days before the meeting.
The report, amended if necessary following the meeting of the works council, is sent to the labor inspector, accompanied by the opinion of the committee, within the following fifteen days.
The agreement also defines the conditions under which employees are directly informed about the economic, social and financial situation of the company and on the matters referred to in Articles L. 320-2 and L. 320-3.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-5

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-915 of October 28, 1982 Official Journal of October 29, 1982) (Law n ° 82-915 of October 28, 1982 art. 29 Official Journal of October 29, 1982) (Law n ° 83-675 of July 26, 1983 art. 35 Official Journal of July 27, 1983) (Law n ° 84-103 of February 16, 1984 art. 6 Official Journal of February 17, 1984) (Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984) (Law nº 84-148 of March 1, 1984 art. 43 Official Journal of March 2, 1984) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)


I – When the works council is aware of facts likely to affect the economic situation of the company in a worrying way, it can ask the employer to provide it with explanations.
This request is included as of right on the agenda of the next works council meeting.

   II – If he has not been able to obtain a sufficient response from the employer or if this confirms the worrying nature of the situation, he draws up a report. In the companies referred to in Article L. 434-5, this report is drawn up by the Economic Commission.
This report is sent to the employer and to the auditor.
The works council or the economic commission may be assisted, once per fiscal year, by the accountant provided for in the first paragraph of article L. 434-6, convene the auditor and be assisted with a vote. consultative two employees of the company chosen for their competence and outside the works council.

These employees have five hours each to assist the works council or the economic commission with a view to drawing up the report. This time is paid to them as working time.
The report of the works council or the economic commission concludes by issuing an opinion on the advisability of submitting its conclusions to the body responsible for administration or supervision in companies or legal persons which have them or ” inform associates in other forms of companies or members in economic interest groups.
In view of this report, the works council may decide to proceed with this referral or to have this information carried out under the conditions provided for in the third paragraph of article L. 434-3. In this case, the opinion of the chartered accountant is attached to the referral or to the information.

III – In companies with a board of directors or a supervisory board, the question must be included in the agenda of the next meeting of the board of directors or of the supervisory board, provided that it has been possible entered at least fifteen days in advance. The answer must be motivated.
These provisions apply with regard to the body responsible for administration or supervision in other legal entities which have them.

IV – In other forms of companies or in economic interest groups, when the works council has decided to inform the partners or members of the company’s situation, the manager or directors are required to communicate to them the report of the economic commission or the works council.

V – Information concerning the company communicated in application of this article is by nature confidential. Anyone who has access to it under this same article is bound by an obligation of discretion.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.


Article L432-6

(Law n ° 82-915 of October 28, 1982 art. 30 I Official Journal of October 29, 1982)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 85-772 of July 25, 1985 art. 118 Official Journal of July 26, 1985)
 

(Law nº 87-39 of January 27, 1987 art. 30 Official Journal of January 28, 1987)
 

(Law n ° 94-1 of January 3, 1994 art. 4 Official Journal of January 4, 1994)
 

(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

In companies, two members of the works council, delegated by the committee and one belonging to the category of technicians and supervisors, the other to the category of employees and workers, assist in an advisory capacity at all meetings of the board of directors or of the supervisory board, as the case may be. In companies where, pursuant to Article L. 433-2 below, three electoral colleges are set up, the staff delegation to the board of directors or the supervisory board is increased to four members, two of whom belong to the category of workers and employees, the third in the master’s category and the fourth in the category of engineers,

The members of this staff delegation are entitled to the same documents as those addressed or given to the members of the board of directors or of the supervisory board during their meetings. They can submit the committee’s wishes to the board of directors or to the supervisory board, which must give a reasoned opinion on these wishes.

However, in the companies mentioned in article 1 of law n ° 83-675 of July 26, 1983 relating to the democratization of the public sector, with the exception of those listed in appendix III of said law, the representation of works council to the board of directors or supervisory board is carried out by the secretary of the works council or of the body that takes its place.

Likewise, in public limited companies in which the board of directors or supervisory board includes directors or members elected by employees under Articles L. 225-27 and L. 225-79 of the Commercial Code, the representation of the works council with these councils is ensured by a full member of the committee appointed by the latter.
In simplified joint-stock companies, the articles of association specify the social body with which the representatives of the works council exercise the rights defined by this article.

NOTE: (1) Law n ° 66-537 of July 24, 1966 was repealed by ordinance 2000-912 of September 18, 2000 and codified in the Commercial Code.
NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L432-6-1

(Law n ° 2001-420 of May 15, 2001 art. 99 Official Journal of May 16, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

I. – In companies, the works council may request the appointment of a representative in charge of convening the general meeting of shareholders in an emergency.
It may also require the inclusion of draft resolutions on the agenda of the meetings.
II. – In companies, two members of the works council, appointed by the committee and one belonging to the category of technical managers and supervisors, the other to the category of employees and workers, or, where applicable, the persons mentioned in the third and fourth paragraphs of article L. 432-6, may attend general meetings. They must, at their request, be heard during all deliberations requiring the unanimity of the partners.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-7

(Law n ° 82-915 of October 28, 1982 art. 30 II a Official Journal of October 29, 1982)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Members of the works council and union representatives are bound by professional secrecy in all matters relating to manufacturing processes.
In addition, the members of the works council and the union representatives are bound by an obligation of discretion with regard to information of a confidential nature and given as such by the head of the company or his representative.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L432-8

(Law n ° 82-915 of October 28, 1982 art. 30 III Official Journal of October 29, 1982)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
 

(Law n ° 2001-624 of July 17, 2001 art. 35 Official Journal of July 18, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The works council ensures or controls the management of all the social and cultural activities established in the company primarily for the benefit of the employees or their families or participates in this management, whatever the mode of financing, under conditions fixed by decree in the Council of State.

This decree determines in particular the conditions under which the powers of the works council may be delegated to bodies created by it and subject to its control as well as the rules for granting and extending the civil personality of works councils and organizations created by them. It also sets the conditions for financing social and cultural activities.
In the event of a budget balance limited to 1% of its budget, the members of the works council, after having voted by majority vote, may decide to pay these funds to a humanitarian association recognized as being of public utility in order to promote local or regional actions to combat exclusion or social reintegration actions.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-9

(Law n ° 82-915 of October 28, 1982 art. 30 IV Official Journal of October 29, 1982)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The contribution paid each year by the employer to finance the social institutions of the works council may in no case be less than the highest total of the sums allocated to the social expenditure of the company reached during the last three years. preceding the assumption of responsibility for social and cultural activities by the works council, excluding temporary expenses when the corresponding needs have disappeared.

The ratio of this contribution to the total amount of salaries paid may not be less than the same ratio existing for the reference year defined in the previous paragraph.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L432-9-1

(Law n ° 2003-709 of August 1, 2003 art. 13 Official Journal of August 2, 2003)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Employees are informed of the company’s policy concerning its choices of patronage and support for associations and foundations.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L432-10

(Law n ° 84-148 of March 1, 1984 art. 40 Official Journal of March 2, 1984)
 

(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The works council issues opinions and wishes in the exercise of the advisory powers defined in Articles L. 432-1 to L. 432-4.
The company manager reports with reasons for the follow-up given to these opinions and wishes.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

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