Field Of Application
LexInter | July 13, 2017 | 0 Comments

Field Of Application

Chapter 1: Scope

Article L421-1

(Law n ° 82-915 of October 28, 1982 art. 16 I Official Journal of October 29, 1982 AUROUX LAW) (Law n ° 93-1313 of December 20, 1993 art. 24 I Official Journal of December 21, 1993) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)

The staff elect delegates in all industrial, commercial or agricultural establishments, public and ministerial offices, liberal professions, civil societies, professional unions, mutual societies, social security organizations, with the exception of those which have the character of a public administrative establishment, and associations or any body governed by private law, whatever their form and purpose, in which at least eleven employees are employed.
The establishment of staff representatives is only compulsory if the workforce of at least eleven employees is reached for twelve months, consecutive or not, during the three preceding years.
At the end of the mandate of the staff representatives, the institution is not renewed if the establishment’s workforce has remained below eleven employees for at least twelve months. In this case, renewal occurs as soon as the staffing conditions provided for in the previous paragraph are again met, the three-year period being calculated from the end of the last term of office of the staff representatives.
 In establishments employing less than eleven employees, staff representatives may be set up by agreement.
 In the establishments and organizations referred to in the first paragraph of this article, usually employing less than eleven employees and whose activity is carried out on the same site where at least fifty employees are permanently employed, the departmental director may, on his own initiative or at the request of employee unions, impose the election of staff representatives when the nature and importance of the problems common to the companies on the site justify it. The conditions of these elections are defined by agreement between the managing authority of the site or the representative of the employers concerned and the trade union organizations of employees. In the absence of agreement,
   The provisions of this title are applicable to public establishments of an industrial and commercial nature and to public establishments determined by decree which simultaneously perform a public service mission of an administrative and industrial and commercial nature, when they employ staff in the conditions of private law. However, these provisions may, given the specific characteristics of some of these establishments and any existing staff representation bodies, be subject to adaptation, subject to ensuring the same guarantees for the employees of these establishments. These adaptations result from decrees in the Council of State.

Article L421-2

(Law n ° 82-915 of October 28, 1982 art. 16 I Official Journal of October 29, 1982 AUROUX LAW)
(Ordinance n ° 86-948 of August 11, 1986 art. 12 I, II Official Journal of August 12, 1986)
(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
   Employees with open-ended contracts, home workers and disabled workers employed in companies, sheltered workshops or home work distribution centers are fully taken into account in the workforce of the company.

   Employees under fixed-term contracts, employees under intermittent employment contracts, workers made available to the company by an external company, including temporary workers, are taken into account in the company’s workforce as of pro rata to their time of presence there during the previous twelve months.
   However, employees under a fixed-term contract, under a temporary employment contract or made available by an external company are excluded from the headcount when they replace an employee who is absent or whose employment contract is suspended.
Part-time employees, regardless of the nature of their employment contract, count as a workforce calculated by dividing the total sum of the hours entered in the employment contracts by the legal working time or the contractual duration mentioned in the second and third paragraphs of Article L. 212-4-2.

   * NOTE – Ordinance 86-948 of August 11, 1986 art. 13: These provisions apply to contracts concluded or renewed after its entry into force. *

Article L421-3

(Law n ° 82-915 of October 28, 1982 art. 16 II Official Journal of October 29, 1982 AUROUX LAW)
(Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001)
For the assessment in temporary employment companies of the staffing conditions provided for in this title, account shall be taken, on the one hand, of the permanent employees of these companies, and on the other hand, of the workers who have been linked to them. by temporary employment contracts for a total duration of at least three months during the last calendar year.

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