social report
LexInter | June 19, 2002 | 0 Comments

SOCIAL REPORT

Article L438-1

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(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(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 the companies and organizations listed in paragraphs 1 and 2 of article L. 431-1 as well as in the companies mentioned in article L. 438-9, the company manager establishes and submits annually to the works council a social report when the usual workforce of the company is at least 300 employees.
In companies with separate establishments, in addition to the company’s social report and according to the same procedure, a specific social report is drawn up for each establishment with a usual workforce of at least 300 employees.
These obligations do not replace any of the information and consultation obligations of the works or establishment committee which are incumbent on the head of the company in application either of legislative or regulatory provisions or of contractual stipulations.

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 L438-2

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(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(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 workforce of the company or establishment reaches the subjugation threshold provided for in Article L. 438-1, the first social report of the company or establishment covers the year following the one during which the threshold was reached.
The first social report may only concern the past year; the second may only concern the last two years.
II – When the workforce of the company or establishment falls below the liability threshold provided for in Article L. 438-1, a social report is nevertheless presented for the current year.

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 L438-3

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(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 social report summarizes in a single document the main quantified data making it possible to assess the company’s situation in the social field, to record the achievements made and to measure the changes that have occurred during the past year and the two years. previous ones.
Consequently, the social report includes information on employment, remuneration and ancillary charges, health and safety conditions, other working conditions, training, professional relations as well as on the living conditions of employees. and their families as these conditions depend on 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 L438-4

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977)
(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)

After consultation with the most representative professional organizations of employers and workers at national level, a Council of State decree establishes the list of information appearing in the corporate social report and in the establishment social report.
An order from the competent minister or ministers adapts the number and content of this information to the size of the company and the establishment.
Certain branches of activity may be endowed, in the same forms, with specific social reports.

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 L438-5

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(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)

Without prejudice to the provisions of Article L. 132-1 of this code, the works or establishment committee issues an opinion on the social balance sheet each year.
To this end, the members of the works or establishment committee receive communication of the draft social report at least fifteen days before the meeting during which the committee will deliver its opinion. This meeting is held within four months of the end of the last of the years covered by the social report. In companies with one or more establishments required to present an establishment social report, the meeting during which the central works council issues its opinion takes place within six months of the end of the last of the years covered by the social report.

In the case provided for in Article L. 438-1, second paragraph, the specific social reports and the opinions issued on these reports by the works councils are communicated to the members of the central works council under the conditions provided for in the previous paragraph.

Union representatives receive communication of the draft social report under the same conditions as members of works or establishment committees.

The social report, possibly modified to take account of the opinion of the competent committee, is made available to any employee who requests it.

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 L438-6

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(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 social reports of companies and establishments, possibly modified to take account of the opinion of the competent committee, as well as the minutes of the meeting of the said committee, are sent to the labor inspector within fifteen days from this meeting.

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 L438-7

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(Ordinance nº 2000-912 of September 18, 2000 art. 4 I 23º Official Journal of September 21, 2000) 
(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 joint-stock companies, the latest social report accompanied by the opinion of the works council is sent to the shareholders or made available to them under the same conditions as the documents provided for in Articles L. 225-108 and L. 225-115 of 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 L438-8

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977)
(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 social report serves as a basis for the application of Articles L. 432-4 (fifth paragraph), L. 437-2 and L. 951-8 as well as that of the regulatory provisions of this code which provide for the establishment of annual programs.

NOTE: Law 91-1405 of December 31, 1991: the references to Articles L. 950-3 are replaced by Articles L. 951-8. * NOTE: Article L. 437-2 of the Labor Code has been repealed by article 12 of decree 82-1097 of December 23, 1982.
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 L438-9

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977)
(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)

Decrees issued by the Council of State lay down the adaptation measures necessary for the application of the provisions of this chapter in companies which are required to set up a works council or employee representation bodies which act as such by virtue of either legislative or regulatory provisions other than those of the labor code, or contractual stipulations.
These decrees are taken after consulting the most representative trade unions in the companies concerned.

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 L438-10

(Law n ° 77-769 of July 12, 1977 art. 1 Official Journal of July 13, 1977) 
(Law n ° 82-957 of November 13, 1982 art. 28 Official Journal of November 14, 1982) 
(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 provisions of this chapter do not preclude conventions or agreements comprising more favorable clauses.

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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