EMPLOYEE ADVISOR
LexInter | April 25, 2002 | 0 Comments

EMPLOYEE ADVISOR

LABOR CODE (Legislative Part)
Sub-section 2: Employee adviser
Article L122-14-14
(inserted by Law n ° 91-72 of January 18, 1991 art. 5, art. 6 Official Journal of January 20, 1991)
The employer, in establishments where at least eleven employees are employed, is required to leave the employee of his company entrusted with the mission of advising the employee and responsible for assisting an employee during the interview provided for in Article L 122-14 the time necessary for the exercise of his mission within the limit of a period which cannot exceed fifteen hours per month.
* Note – Labor Code L152-1: criminal sanction. *
Article L122-14-15
(inserted by Law n ° 91-72 of January 18, 1991 art. 5, art. 7 Official Journal of January 20, 1991)
The time spent outside the company during working hours by the employee’s advisor for the exercise of his mission is assimilated to an effective working time for the determination of the duration of paid leave, the right to insurance benefits. social security and family benefits as well as with regard to all the rights that the employee holds by virtue of his seniority in the company.
These absences are remunerated by the employer and do not entail any reduction in remuneration and related benefits.
A decree determines the terms of compensation for an employee who has been assigned the mission of advising an employee who exercises his professional activity outside any establishment or depends on several employers.
Employers are reimbursed by the State for salaries maintained during these absences as well as related benefits and social charges.
* Note – Labor Code L152-1: criminal sanction. *
Article L122-14-16
(inserted by Law n ° 91-72 of January 18, 1991 art. 5, art. 8 Official Journal of January 20, 1991)
The exercise of the mission of advising the employee responsible for assisting an employee, provided for in article L. 122-14, cannot be a cause of termination by the employer of the employment contract.
The dismissal by the employer of the employee registered on a list drawn up by the representative of the State in the department, responsible for assisting employees summoned by their employers with a view to dismissal, is subject to the procedure provided for by the article L. 412-18 of this code.
* Note – Labor Code L152-1: criminal sanction. *
Article L122-14-17
(inserted by Law n ° 91-72 of January 18, 1991 art. 5, art. 9 Official Journal of January 20, 1991)
The employer is required to grant the employee registered on the list provided for in the second paragraph of Article L. 122-14, at his request and for the training needs of the employee’s advisor, authorizations for absence in the limit of two weeks per three-year period following the publication of this list.
The provisions of Articles L. 451-1, L. 451-2, L. 451-4 and L. 451-5 are applicable to these authorizations.
* Note – Labor Code L152-1: criminal sanction. *
Article L122-14-18
(inserted by Law n ° 91-72 of January 18, 1991 art. 5, art. 10 Official Journal of January 20, 1991)
As for members of works councils and union representatives, and according to article L. 432-7 of this code, the employee’s adviser is bound by professional secrecy for all questions relating to manufacturing processes. In addition, the employee’s advisor is bound by an obligation of discretion with regard to information which is of a confidential nature and given as such by the company manager or his representative. Any violation of this obligation may result in the removal of the person concerned from the list provided for in the second paragraph of article L. 122-14 by the prefect of the department.

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