COMPOSITION AND ELECTION OF THE WORKS COMMITTEE
LexInter | June 25, 2002 | 0 Comments

COMPOSITION AND ELECTION OF THE WORKS COMMITTEE

Article L433-1

(Law nº 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law nº 82-915 of October 28, 1982 art. 31 I Official Journal of October 29, 1982) (Law nº 84-575 of July 9, 1984 art. 67 Official Journal of July 10, 1984) (Law nº 93-1313 of December 20, 1993 art. 32 Official Journal of December 21, 1993) (Law nº 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 200 (Ordinance nº 2004-602 of June 24, 2004 art. 1 VII 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(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 works council comprises the company manager or his representative and a staff delegation comprising a number of members set by decree of the Council of State taking into account the number of employees. This delegation comprises an equal number of incumbents and substitutes. The substitutes attend the meetings in an advisory capacity. The workforce is calculated under the conditions provided for in article L. 620-10 of this code.

   The business manager or his representative may be assisted by two collaborators.

The number of members may be increased by collective agreement or by agreement between the head of

Subject to the provisions of Article L. 412-17, each representative trade union organization in the company may appoint a representative to the committee. He attends the sessions in an advisory capacity. He must be chosen from among the members of the company’s staff and must meet the conditions of eligibility for the works council set out in article L. 433-5.

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 L433-2

(Law nº 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law nº 82-915 of October 28, 1982 art. 31 II Official Journal of October 29, 1982) (Law nº 84-575 of July 9, 1984 art. 68 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 ° 2001-397 of May 9, 2001 art. 13 Official Journal of May 10, 2001) ( Ordinance n ° 2005-1478 of December 1, 2005 art. 1 II, art. 2 Official Journal of December 2, 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(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)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 staff representatives are elected, on the one hand, by the workers and employees, on the other hand, by the engineers, department heads, technicians, supervisors and the like from lists drawn up by the representative trade unions for each category. of staff.
Any union affiliated to a nationally representative organization is considered to be representative in the enterprise for the purposes of this chapter.
In companies employing more than five hundred employees, engineers, department heads and similar administrative, commercial or technical executives have at least one full delegate elected under the same conditions.
In addition, in companies, regardless of the number of employees, where the number of engineers, department heads and administrative, commercial or technical executives assimilated in terms of classification is at least equal to twenty-five at the time of the constitution or the renewal of the committee, the said categories constitute a special college.

   Without prejudice to the provisions of the preceding paragraph, the number and composition of the electoral colleges cannot be modified by a convention, a collective labor agreement, extended or not, or a pre-electoral agreement until the convention or the agreement is signed. by all the representative trade unions existing in the company. The pre-electoral agreement must be sent to the labor inspector.
The distribution of seats between the different categories and the distribution of staff in the electoral colleges are subject to an agreement between the head of the company or his representative and the trade unions concerned.
In the event that this agreement cannot be obtained, the administrative authority shall decide on this distribution among the electoral colleges in accordance with the fifth paragraph of this article, or, failing that, in accordance with the law.
On the occasion of the preparation of the pre-electoral memorandum of understanding referred to above, the trade unions concerned examine the ways and means with a view to achieving a balanced representation of women and men on the candidate lists.
In each company, in the absence of agreement between the company manager and the trade unions concerned, the character of a separate establishment is recognized by the competent administrative authority.

The loss of the status of a separate establishment, recognized by the administrative decision, entails the abolition of the committee of the establishment in question, unless otherwise agreed between the head of the company and the representative trade unions in the company allowing the members of the committee establishment to complete their term of office.

In temporary employment companies, and without prejudice to the above provisions, the distribution of the seats of the members of the works council may be the subject of an agreement between the head of the company and the trade unions concerned with a view to ” ensure fair representation of permanent and temporary staff.

NOTE: Ordinance nº 2005-1478 2005-12-02 art. 4: The provisions of this ordinance are applicable to professional elections, the organization of which has been the subject of the posting provided for by the provisions of the first paragraph of article L. 423-18, of the first paragraph of article L. 433-13, or the decision of the administrative authority taken in application of the fifth paragraph of article L. 421-1, when the date of the posting or that of the decision is later than the date of entry into force of the ordinance.
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 L433-3

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Decree n ° 73-1046 of November 15, 1973 (Decree 73-1046 1973-11-15 JORF November 21)) (Law n ° 82-915 of November 28 October 1982 Official Journal of October 29, 1982) (Law n ° 82-915 of October 28, 1982 art. 31 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 that the magistrate, seized before the elections, decides to set up a mechanism to control their regularity, the freedom and the sincerity of the ballot, the costs incurred by these measures are to be borne by the employer.

   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 L433-4

(Law nº 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Decree nº 73-1046 of November 15, 1973 (Decree 73-1046 1973-11-15 JORF November 21)) (Law nº 75-598 of 9 July 1975 (LAW 75-598 1975-07-09 JORF July 10)) (Law no.75-630 of 11 July 1975 (LAW 75-630 1975-07-11 JORF 13 July)) (Ordinance no.82-271 of 26 March 1982 art. 7 Official Journal of March 28, 1982 (Law nº 82-915 of October 28, 1982 Official Journal of October 29, 1982) (Law nº 82-915 of October 28, 1982 art. 32 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)


Employees of both sexes, over sixteen years of age, working for at least three months in the company and not having incurred any of the sentences provided for in Articles L. 5 and L. 6 of the Electoral Code, are electors.

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 L433-5

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Ordinance n ° 82-131 of February 5, 1982 art. 15 IX Official Journal of February 6, 1982 in force on March 1, 1982) (Ordinance n ° 82-131 of February 5, 1982 art.15 IX Official Journal of February 6, 1982 in force on March 1, 1982) (Law nº 82-915 of October 28, 1982 Official Journal of October 29, 1982) (Law nº 82-915 of October 28, 1982 art. 32 II Official Journal of October 29, 1982) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Ordinance n ° 2005-1478 of December 1, 2005 art. 3 Official Journal of December 2, 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)


Are eligible, with the exception of spouses, ascendants, descendants, brothers, sisters or allies to the same degree of the head of the company, voters aged eighteen and working in the company for at least one year.

   Employees who have been convicted of national indignity or who have been stripped of their trade union functions in application of the ordinances of July 27 as amended and September 26, 1944 cannot be appointed.

Employees holding part-time jobs simultaneously in several companies are not eligible. that in one of these companies; they choose the one where they apply.

NOTE: Ordinance nº 2005-1478 2005-12-02 art. 4: The provisions of this ordinance are applicable to professional elections, the organization of which has been the subject of the posting provided for by the provisions of the first paragraph of article L. 423-18, of the first paragraph of article L. 433-13, or the decision of the administrative authority taken in application of the fifth paragraph of article L. 421-1, when the date of the posting or that of the decision is later than the date of entry into force of the ordinance.
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 L433-6

(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. 32 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 temporary employment companies, the seniority conditions provided for in Articles L. 433-4 and L. 433-5 are set, for temporary employees, at three months for the electorate and six months for concerns eligibility. These conditions are assessed by totaling the periods during which these employees were linked to these companies by temporary employment contracts during the twelve months or the eighteen months preceding the election, depending on whether it is an electorate or eligibility, this period being reduced to six months in the case of setting up a business or opening a 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 L433-7

 

(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. 32 IV 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)

 


All temporary workers who meet the conditions defined both in Article L. 433-6 and in the other provisions of the applicable texts and linked to the temporary employment company by an employment contract at the time of preparation of the contracts are electors or eligible. lists.

   However, the following conditions of electorate and eligibility cease to be met:
– employees who have informed the temporary work contractor that they no longer intend to benefit from a new contract;
– employees to whom the temporary work contractor has notified his decision not to call on them with new contracts.

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 L433-8

(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. 32 V 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 labor inspector may, after consulting the representative trade unions, authorize derogations from the seniority conditions for the electorate, in particular in the event that their application would have the effect of reducing the workforce to less than two-thirds of the workforce. number of employees meeting these conditions.

   The labor inspector may, after consulting the representative trade unions, authorize exemptions from the seniority conditions for eligibility in the event that the application of these provisions would lead to a reduction in the number of eligible persons which would not allow the normal organization of electoral operations.

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 L433-9

(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. 32 VI a and b Official Journal of October 29, 1982) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Law n ° 2004-575 of June 21, 2004 art. 54 I Official Journal of June 22, 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 election takes place by secret ballot and in an envelope or by electronic vote, under the conditions and according to the modalities defined by decree of the Council of State. Separate votes are taken for full members and substitute members in each of the professional categories forming separate colleges.
The election takes place during working time. However, a contrary agreement can be concluded between the employer and all the representative trade unions existing in the company, in particular in the case of continuous work.
The modalities of organization and conduct of electoral operations are subject to an agreement between the head of the company and the representative trade unions. This agreement must respect the general principles of electoral law. The terms on which no agreement could be reached can be fixed by a decision of the magistrate ruling in last resort in the form of summary proceedings.

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 L433-10

(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. 32 VI a and d 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 ballot is by list and in two rounds with representation proportional to the highest average.

   In the first ballot, each list is drawn up by the representative trade unions. If the number of voters is less than half of the registered voters, a second ballot takes place within fifteen days, for which the voters can vote for lists other than those presented by the trade unions.

When the name of a candidate has been crossed out, the erasures are not taken into account if their number is less than 10%. 100 of the valid votes cast in favor of the list on which this candidate appears; in this case, the candidates are declared elected in the order of presentation.

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 L433-11

(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. 32 VII 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, 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.

Article L433-12

(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. 32 VIII Official Journal of October 29, 1982) (Law no 89-18 of January 13, 1989 art. 59 Official Journal of January 14, 1989) (Law no 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Law no 2005 -882 of August 2, 2005 art. 96 III 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 members of the works council are elected for four years; their mandate is renewable.
The functions of these members end with death, resignation, termination of the employment contract or following a conviction resulting in the loss of the right to be elected. They retain their mandate in the event of a change of professional category.
Any member of the committee may be dismissed during his term of office on a proposal made by the trade union organization which presented him and approved by secret ballot by the majority of the electoral college to which he belongs.
When a full member ceases his duties for one of the aforementioned reasons or is temporarily absent for any reason whatsoever, his replacement is assured by a substitute member belonging to a list presented by the trade union organization which presented the list on which the incumbent to be replaced has been elected, priority being given to the alternate in the same category.
If there is no substitute elected on a list presented by the trade union organization which presented the incumbent, the replacement is assured by the substitute of the same category who obtained the greatest number of votes.
The substitute becomes permanent member until the return of the one he replaces or until the renewal of the works council.
By-elections are organized at the initiative of the employer if an electoral college is no longer represented or if the number of full members of the staff delegation is reduced by half or more, unless these events occur less than six months before the end of the term of office of the members of the works council.
By-elections take place under the conditions set out in article L. 433-10 to fill vacant seats in the colleges concerned, on the basis of the provisions in force during the previous election.
The candidates are elected for the remainder of the term of office.

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 L433-13

(Law nº 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law nº 82-915 of October 28, 1982 art. 33 I Official Journal of October 29, 1982) (Law nº 85-10 of January 3, 1985 art. 40, art. 41 Official Journal of January 4, 1985) (Law n ° 2001-152 of February 19, 2001 art. 1 I Official Journal of February 20, 2001) (Law n ° 2005-882 of August 2, 2005 art. 96 IV 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)


 In any company or organization mentioned in Article L. 431-1, the company manager must inform the staff, by posting, of the organization of the elections with a view to the designation of the members of the works council. The displayed document specifies the date envisaged for the first round of these elections which must take place no later than the forty-fifth day following that of the posting.

   The trade unions concerned are invited by the head of the company to negotiate the pre-electoral memorandum of understanding and to draw up the lists of their candidates for the functions of member of the works council.
In the event of a renewal of the committee, this invitation must be made one month before the expiration of the mandate of the members in office. The first round of elections must take place in the fortnight preceding the expiration of this mandate.
In the event that, in the absence of a committee, the employer is invited to organize elections following a request from an employee or a trade union organization, he is required to initiate the following procedure. above defined in the month following receipt of said request.

When the committee has not been set up or renewed, a deficiency report is drawn up by the company manager; the latter displays it in the company and sends it within fifteen days to the labor inspector who sends a copy to the trade union organizations of employees in the department 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 L433-14

(Law n ° 82-915 of October 28, 1982 art. 33 II 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 term of office of elected members of the works council and union representatives referred to in article L. 433 -1 of the company which was the object of the modification, subsists when this company retains its legal autonomy.

   If this company becomes an establishment within the meaning of this title or if the modification referred to in the preceding paragraph relates to one or more separate establishments which retain this character, the mandate of the union representatives remains and the mandate of the elected members of the committee continues until ‘at its end. However, the term of office of elected members may be reduced or extended, to take into account the usual date of elections in the host company, by agreement between the new employer and the representative trade unions existing in the or the institutions absorbed or, failing that, the members of the committee 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.

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