Field of application
LexInter | June 25, 2002 | 0 Comments

FIELD OF APPLICATION

Article L431-1
( 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. 28 I 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of October 29, 1982 AUROUX LAW) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) Repealed by Ordinance n ° 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)
Works councils are set up in all industrial and commercial companies, 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, whatever their form and purpose, employing at least fifty employees.The establishment of a works council is only obligatory if the workforce of at least fifty employees is reached for twelve months, consecutive or not, during the three preceding years.
In companies employing less than fifty employees, works councils can be created by convention or collective labor 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 adapted for these establishments, subject to ensuring the same guarantees for the employees of these establishments. . These adaptations result from decrees in the Council of State.

These provisions are also applicable to farms, enterprises and agricultural establishments and similar and to professional agricultural organizations of any kind, which employ the employees defined in article 1144 (1 ° to 7 °, 9 ° and 10 °) of the rural code.

When an economic and social unit comprising at least fifty employees is recognized by agreement or by court decision between several legally distinct companies, the establishment of a common works council is mandatory.

ECONOMIC AND SOCIAL UNIT

” there can be no economic and social unity recognized by convention or by court decision except between legally distinct persons taken from all their establishments and their staff 

Cass. Soc. May 7, 2002

 

FULL TEXT JURISPRUDENCE
ECONOMIC AND SOCIAL UNIT

 

Article L431-1-1
(Law n ° 93-1313 of December 20, 1993 art. 29 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 a workforce of less than two hundred employees, the company manager has the option of deciding that the staff representatives constitute the staff delegation to the works council. He can only take this decision after having consulted the employee representatives and, if there is one, the works council.
In this case, the staff representatives, whose number is fixed by decree of the Council of State, and the works council retain all of their powers. The meetings provided for in Articles L. 424-4 and L. 434-3, which are held at least once a month when convened by the company manager, take place back to back in accordance with the specific rules. to each of these instances. By way of derogations from the rules provided for in Articles L. 424-1 and L. 434-1, staff representatives have, within the limits of a period which, except in exceptional circumstances, may not exceed twenty hours per month, the time necessary to the exercise of the powers vested in employee representatives and the works council.
The faculty provided for in this article is open when the works council is set up or when the institution is renewed.
The term of office of staff representatives is extended accordingly. It may be reduced in the event that the works council’s mandate expires before that of the staff representatives.
Article L431-2
(Ordinance n ° 82-131 of February 5, 1982 art. 15 VII Official Journal of February 6, 1982) (Law n ° 82-915 of October 28, 1982 Official Journal of October 29, 1982) (Law n ° 82-915 of October 28 1982 art. 28 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)(Ordinance n ° 2004-602 of June 24, 2004 art. 1 IV Official Journal of June 26, 2004)(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 workforce is determined in accordance with the provisions of Articles L. 620-10 and L. 620-11.

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 L431-3
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 82-915 of October 28, 1982 art. 28 III Official Journal of October 29, 1982 AUROUX LAW) (Law n ° 82-915 of October 28, 1982 art. 28 I 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)

(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 absence of a works council, following a deficiency observed under the conditions provided for in article L. 433-13, the economic powers which fall under the committee are exercised temporarily by the staff representatives.

Any abolition of a works council is subject to an agreement between the head of the company and all the representative trade unions.
In the absence of agreement, the departmental director of labor and employment may authorize the abolition of the works council in the event of a significant and lasting reduction in staff which brings the workforce below fifty employees.

Any union affiliated to a nationally representative organization is considered to be representative in the enterprise for the purposes of this chapter.

Article L431-4
(Law n ° 82-915 of October 28, 1982 art. 28 II b Official Journal of October 29, 1982 AUROUX LAW) (Law n ° 84-130 of February 24, 1984 art. 16 Official Journal of February 25, 1984 RIGOULT LAW) (Law n ° 89-1009 of December 31, 1989 art. 13 Official Journal of January 2, 1990) (Law n ° 94-678 of August 8, 1994 art. 14 X Official Journal of August 10, 1994) (Law n ° 2001-152 of 19 February 2001 art.1 I Official Journal of February 20, 2001) Repealed by Ordinance No. 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 purpose of the works council is to ensure a collective expression of employees, allowing their interests to be permanently taken into account in decisions relating to the management and the economic and financial development of the company, to the organization labor, vocational training and production techniques.It formulates, on its own initiative, and examines, at the request of the company manager, any proposal likely to improve the working conditions, employment and professional training of employees, their living conditions in the company as well as the conditions under which they benefit from the collective guarantees mentioned in Article L. 911-2 of the Social Security Code.
He performs his duties without prejudice to the provisions relating to the expression of employees, staff representatives and union representatives.
Article L431-5
Law n ° 82-915 of October 28, 1982 art. 28 IV 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)

(Law n ° 2005-32 of January 18, 2005 art. 77 IV 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 decision of the head of the company must be preceded by the consultation of the works council, except in the case where the employer uses the right conferred on him by article L. 432-1 ter.
To enable it to formulate a reasoned opinion, the works council must have precise and written information sent by the company manager, a sufficient period of examination and the reasoned response of the company manager to its own observations.
For the performance of its missions, the works council has access to the necessary information held by public administrations and bodies acting on their behalf, in accordance with the provisions in force concerning access to administrative documents.
He may also undertake the studies and research necessary for his mission.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.
 Collective company agreement, the role of the works council in the event of denunciation, n. under Cour de cassation, Chambre Sociale, June 1, 1994, SA des Hôtels Concorde v. Establishment committee of the Hôtel Concorde Lafayette and others; Tribunal de Grande Instance de Paris, summary order, October 18, 2001, Works council of the association for the management of the Mornay europe group against AGME, Béal, Stéphane, JCP E Semaine Juridique (company edition), n ° 3, 01/17/2002, pp 116-117
Article L431-6
Law n ° 82-915 of October 28, 1982 art. 28 IV 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)

(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 has legal personality and manages its assets.
It determines, in an internal regulation, the modalities of its functioning and those of its relations with the employees of the company, for the exercise of the missions conferred on it by this chapter.

v. DIVERSION OF THE OPERATING GRANT
Article L431-7
(Law n ° 82-915 of October 28, 1982 art. 28 IV Official Journal of October 29, 1982 AUROUX LAW) (Law n ° 84-575 of July 9, 1984 art. 66 Official Journal of July 10, 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 may organize, in the premises made available to it, information meetings, internal to the staff, relating in particular to current issues.
The works council may invite outside personalities, trade unions or others, under the conditions provided for by the provisions of article L. 412-10.

The meetings provided for in the two preceding paragraphs take place outside the working hours of the participants, with the exception of the members of the works council who can meet during their delegation time.

Article L431-8
(Law n ° 82-915 of October 28, 1982 art. 28 II a 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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