Works committees and central works councils
LexInter | October 26, 2016 | 0 Comments

Works committees and central works councils

LABOR CODE
(Legislative Part)

 

Chapter V: Works committees and central works councils

Article L435-1

(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. 36 I Official Journal of October 29, 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(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

In companies with separate establishments, establishment committees and a central works council are created.
The works councils and the central works council have legal personality.

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 L435-2

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
 

(Decree n ° 73-1046 of November 15, 1973 Official Journal of November 21, 1973)
 

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

(Law n ° 82-915 of October 28, 1982 art. 36 I Official Journal of October 29, 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(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 composition and functioning of works councils are identical to those of works councils.
The establishment committees ensure and control the management of all social and cultural activities, subject to the provisions of Article L. 435-3.
In all other matters, they have the same powers as works councils within the limits of the powers entrusted to the heads of these establishments.

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 L435-3

(Law n ° 82-915 of October 28, 1982 art. 36 I Official Journal of October 29, 1982)
 

(Law n ° 84-575 of July 9, 1984 art. 69 Official Journal of July 10, 1984)
 

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

(Law n ° 2002-73 of January 17, 2002 art. 102 I 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. 9 Official Journal of April 1, 2006)
 

(Law n ° 2006-1770 of December 30, 2006 art. 31 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)

The central works council exercises the economic attributions which concern the general operation of the company and which exceed the limits of the powers of the heads of establishment.
It must be informed and consulted on all important economic and financial projects concerning the company, in particular in the cases defined in the fourth and fifth paragraphs of article L. 432-1.

In the field of social and cultural activities, the works councils can entrust the central works council with the management of common activities. An agreement between the head of the company and one or more trade union organizations of representative employees in the company that have not been the object of an opposition under the conditions provided for in 2 ° of III of article L. 132-2 -2, can define the respective competences of the central works council and the works councils.

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

 

Article L435-4

(Law n ° 82-915 of October 28, 1982 art. 36 II Official Journal of October 29, 1982)
 

(Law n ° 84-575 of July 9, 1984 art. 52 Official Journal of July 10, 1984)
 

(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. 4 Official Journal of June 26, 2004)
 

(Law n ° 2005-32 of January 18, 2005 art. 77 II Official Journal of January 19, 2005)
 

(Law n ° 2005-882 of August 2, 2005 art. 96 V Official Journal of August 3, 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 central works council is made up of an equal number of permanent delegates and substitutes, elected, for each establishment, by the establishment committee from among its members; this number is set by regulation. However, the total number of full members may not exceed a maximum also set by regulation. The election takes place every four years, after the general election of the members of the establishment committees.

When one or more establishments constitute three electoral colleges in application of article L. 433-2 above, a titular delegate and a substitute delegate at least to the central works council must belong to the category of engineers, heads of service and administrative, commercial or technical frameworks assimilated in terms of classification.
In addition, in companies which, without meeting the conditions set out in the preceding paragraph, have several separate establishments grouping together more than five hundred employees or at least twenty-five members of staff belonging to the category provided for in the above paragraph. above, at least one full delegate to the central works council belongs to said category.

In each company, the number of distinct establishments and the distribution of seats between the various establishments and the various categories are the subject of an agreement between the company manager and the representative trade unions in the company. In the event that this agreement cannot be obtained, the departmental director of labor and manpower in whose jurisdiction the company’s head office is located decides on this number and distribution.

In the latter case, the administrative decision, even if it is taken when the mandate of certain members has not expired, must be carried out without having to wait for the normal date of renewal of all the delegations. establishment committees or some of them.

The central committee meets at least once every six months at the company’s head office when convened by the head of the company. It can also hold exceptional meetings at the request of the majority of its members.
The central works council is chaired by the company manager or his representative, possibly assisted by two collaborators who have an advisory role. The central works council nominates a secretary from among the full members.
The agenda is set by the business manager and the secretary. However, when consultations made compulsory by a legislative or regulatory provision or by a collective labor agreement are involved, they are entered there as of right by one or the other. It is communicated to the members at least eight days before the meeting.
Each representative trade union organization in the company appoints a representative to the central committee chosen either from among the representatives of this organization on the works committees, or from among the elected members of said committees. This representative attends the meetings of the central committee in an advisory capacity.

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 L435-5

(Law n ° 82-915 of October 28, 1982 art. 36 III Official Journal of October 29, 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)

In the event of a change in the employer’s legal situation as mentioned in the second paragraph of Article L. 122-12, the central committee of the absorbed company remains in office if the company retains its legal autonomy.

If this company becomes a separate establishment from the host company, the works council appoints from among its members two full and alternate representatives to the central committee of the acquiring company.

If the modification relates to one or more separate establishments which retain this character, these establishments are represented on the central committee of the host company by their representatives on the central committee of the company of which they were part.

In the cases referred to in the two paragraphs above, representation is ensured under these conditions for a period of one year at most and may result in the maximum number of representatives on the central works council provided for in article D. 435-2.

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 L435-6

(Law n ° 82-915 of October 28, 1982 art. 36 IV Official Journal of October 29, 1982)
 

(Law n ° 84-10 of January 3, 1984 art. 22 Official Journal of January 4, 1985)
 

(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)

Disputes relating to the electorate and the regularity of electoral operations and the appointment of union representatives fall under the jurisdiction of the district court which rules in the last resort. The decision can be referred to the Court of Cassation.

When a dispute makes it essential to have recourse to an investigative measure, the expenses relating to this measure are the responsibility of the 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.

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