LexInter | June 24, 2008 | 0 Comments


Chapter II Conciliation

  • Section 1 Conciliation procedure

    Article R. 2522-1  

    Any collective labor dispute is immediately notified by the most diligent party to the Prefect who, in conjunction with the competent labor inspector, intervenes with a view to seeking an amicable solution.

    Article R. 2522-2  

    Conciliation procedures, other than the procedures provided for by contract, are initiated by one of the following persons:
    1 ° One of the parties;
    2 ° The minister in charge of labor;
    3 ° The prefect.

  • Section 2 Conciliation committees
    • Sub-section 1 Competence of the conciliation committees
      • Paragraph 1 National conciliation commission

        Article R. 2522-3  

        The National Conciliation Commission sits in the Ministry responsible for labor. It is competent to hear collective labor disputes extending to the whole of the national territory or concerning several regions.

        Article R. 2522-4  

        The National Commission may be seized of any conflict of regional, departmental or local impact, taking into account its importance, the particular circumstances in which it occurred and the number of employees concerned.
        It is referred to:
        1 ° Directly by the minister in charge of labor, either on his own initiative or on the proposal of the prefect;
        2 ° At the request of the parties or of one of them.

      • Paragraph 2 Regional commission, departmental or interdepartmental section

        Article R. 2522-5  

        The regional conciliation commission is set up at the headquarters of each regional directorate for labor, employment and vocational training. It is competent to hear disputes arising within the constituency of this directorate.
        When local conditions justify it, the minister in charge of labor can, by decree, create sections with departmental or interdepartmental competence within each regional commission. It may provide for the constitution of several sections for the same department.

        Article R. 2522-6  

        When sections with departmental or interdepartmental competence exist, the regional section of the regional commission remains competent to hear collective disputes arising in its constituency.
        The departmental or interdepartmental sections are responsible for disputes arising within their jurisdiction.
        Notwithstanding the provisions of the first and second paragraphs, the dispute may be brought before the regional section by decision of the regional prefect, either on the proposal of the regional director of labor, employment and vocational training, or on request. parts or one of them.

        Article R. 2522-7  

        When several regions or several neighboring departments are affected by a conflict, the parties may agree to bring the conflict before one or other of the competent committees or sections. The minister in charge of labor retains the possibility of seizing the national commission in application of article R. 2522-4.

    • Sub-section 2 Composition of committees

      Article R. 2522-8  

      The National Conciliation Commission comprises:
      1 ° The Minister responsible for labor or his representative, president;
      2 ° A representative of the Minister responsible for the economy;
      3 ° Five representatives of employers;
      4 ° Five employee representatives.

      Article R. 2522-9  

      The regional conciliation commission comprises a regional section and, possibly, sections with departmental or interdepartmental competence.
      The regional and interdepartmental sections include:
      1 ° The regional or departmental prefect or his representative, president;
      2 ° Five representatives of employers;
      3 ° Five employee representatives.

      Article R. 2522-10  

      The section with departmental competence comprises:
      1 ° The prefect or his representative, president;
      2 ° Five representatives of employers;
      3 ° Five employee representatives.

      Article R. 2522-11  

      When the conflict concerns a branch of activity for which the services of the ministers responsible for industry, equipment and transport exercise, in application of a legislative provision, the functions normally devolved to the labor inspectorate, committees or sections provided for in Articles R. 2522-8 to R. 2522-10 also include a representative of the administration concerned.

      Article R. 2522-12  

      The members of the conciliation commissions are appointed for three years.

      Article R. 2522-13  

      The members of the national commission are appointed by order of the minister in charge of labor.
      The members of the regional sections and those of the sections with interdepartmental competence are appointed by order of the regional prefect.
      The members of the sections with departmental competence are appointed by order of the prefect.

      Article R. 2522-14  

      The representatives of employers and employees in the committees and sections are appointed on the proposal of the trade union organizations of employers and employees representative at national level.
      These organizations submit to the authority vested with the power of appointment lists containing names in number twice that of the posts to be filled.
      Before making appointments, the Prefect takes the advice of the regional or departmental director of labor, employment and vocational training.

      Article R. 2522-15  

      Alternate members, double the number of full members, are appointed under the same conditions as the latter. They only sit in the absence of the incumbents.
      The full and alternate representatives of employers and employees within the regional, interdepartmental and departmental sections are chosen from among the employers and employees who actually exercise their professional activity within the jurisdiction of these sections.

      Article R. 2522-16  

      The members of the commissions must not have been the object of any prohibition, deprivation or incapacity relating to their civic rights.

    • Sub-section 3 Operation of the committees

      Article R. 2522-17  
      In the event of an appeal by the parties to the conciliation procedure, the most diligent party sends the chairman of the commission a request setting out the points to which the disagreement relates.
      When the minister in charge of labor or the prefect refers the matter to the national or regional conciliation commission, the summons addressed to the members of the commission mentions the points on which the disagreement relates.
      These requests and communications are entered on their date of arrival in the special registers opened respectively at the ministry in charge of labor and in each regional and departmental directorate of labor, employment and vocational training.

      Article R. 2522-18  

      Before conciliation commissions, the parties may be assisted by a member of the professional organization of employers or employees to which they belong.
      When the parties are represented, the representative belongs to the same organization as the party he represents or actually exercises, on a permanent basis, an activity in the company where the conflict takes place. He is duly authorized and has the capacity to conclude a conciliation agreement on behalf of his principal.

      Article R. 2522-19  

      The parties to the conflict are convened, at the request of the chairman of the committee, either by registered letter with acknowledgment of receipt, or by notification delivered against receipt signed by the interested party.
      When one of the parties does not appear or is not represented before the committee under the conditions set out in the first and second paragraphs of article L. 2522-3, the chairman, after noting his absence, sets a new date. meeting during the session. The new meeting cannot take place more than eight days after the date of the meeting initially fixed. The chairman notifies the party present or represented of this meeting date.

      Article R. 2522-20  

      When a party duly convened does not appear, without a legitimate reason, at the new meeting, the chairman draws up a record of deficiency. This report indicates the points of disagreement specified by the party present or represented.
      The non-appearance of the party who introduced the request for conciliation constitutes waiver of the request.

      Article R. 2522-21  

      When an agreement has been reached before a conciliation commission, the president draws up and notifies the parties of the minutes. The latter is communicated within twenty-four hours to the minister responsible for labor and to the prefect of the region or department. It is deposited in accordance with the provisions of article D. 2231-2.
      When the parties do not reach an agreement, a non-conciliation report is drawn up and notified to them immediately by registered letter with acknowledgment of receipt. This report specifies the points on which they have reached an agreement and those on which the disagreement persists. It is communicated to the minister in charge of labor and to the prefect of the region or the department within forty-eight hours.
      The minutes are, in all cases, signed by the chairman, the members of the committee as well as by the parties present or their representatives.

      Article R. 2522-22  

      The secretariat of the committees is provided by the services of the minister responsible for labor.

      Article R. 2522-23  

      A joint decree of the ministers responsible for labor, agriculture and finance sets the conditions under which travel allowances are allocated for committee members and, for members other than active civil servants, vacations.

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