In the following provisions:
– “employer” means the president of the regional chamber of commerce and industry or the president of CCI France, if the director general concerned is that of CCI France;
– “Director General” means the Director General of a chamber of commerce and industry who is a public official.
I.-When a public servant employed by a chamber of commerce and industry is appointed director general, or when a director general is appointed to another director general post within the jurisdiction of the same employer, a rider to his special agreement specifies the provisions relating to the conditions of performance of his new duties and refers to the opinions of the president of CCI France and, when he is appointed director general of a territorial chamber of commerce and industry, of the president of the regional chamber of commerce and industry.
Within fifteen working days of the date on which it is signed by the employer and the employee concerned, the employer will send a copy of the amendment and any amendments to the President of CCI France and to the Minister responsible for chambers of commerce and industry.
II.
II – The remuneration of the Director General is set by the employer by reference to the remuneration scale for Directors General under private law contracts established by CCI France, which takes into account the importance and diversity of the tasks carried out by the public establishment, the number of its members and the number of staff working there.
Any change in remuneration is subject to the approval of the Director General.
Any change in remuneration will be the subject of an amendment to the special agreement.
III.
III – As a senior executive, the Managing Director is not subject to any working hours. However, he shall benefit from the provisions relating to paid leave and the time savings account in the statute governing the administrative staff of the chambers of commerce and industry referred to in the article 1er de la loi n° 52-1311 du 10 décembre 1952 relative à l’établissement obligatoire d’un statut du personnel administratif des chambres d’agriculture, des chambres de commerce et des chambres de métiers.
IV.
IV -The Director General’s duties are terminated under the following conditions:
1° Resignation by the person concerned
Resignation can only be the result of a written request from the person concerned, addressed to his employer, expressly stating his wish to leave his job, with three months’ notice, unless there is a specific agreement between the parties. It is only effective insofar as it is accepted by the employer and takes effect on the date set by the employer.
It does not give entitlement either to the redundancy payment provided for in 5°, or to the replacement income provided for in article 35-3 bis of the above-mentioned regulations governing the administrative staff of the chambers of commerce and industry.
2° Termination of the employment relationship by mutual agreement
The employment relationship is terminated by mutual agreement in accordance with the conditions set out in the appendix to article 33 of the statutes governing the administrative staff of the chambers of commerce and industry relating to the termination of the employment relationship by mutual agreement.
The proposed termination of the special agreement shall be submitted to the Chairman of the Chambre de commerce et d’industrie.
The draft termination of the special agreement is signed by the employer after consultation with the bureau of his chamber of commerce and industry.
3° Retirement at the request of the general manager
The Managing Director shall inform the employer in writing at least six months in advance, unless otherwise agreed by the parties, of his decision to retire; this decision shall be final.
Retirement at the request of the Managing Director
The Managing Director shall inform the employer in writing at least six months in advance, unless otherwise agreed by the parties, of his decision to retire; this decision shall be final.
Retirement at the request of the Director General entitles him to payment of the end-of-career allowance provided for in Article 24 of the above-mentioned statutes governing the administrative staff of the Chambers of Commerce and Industry.
4° Retirement by decision of the employer
Retirement shall be decided by the employer by registered letter with acknowledgement of receipt at least six months before the effective date, which may only take place if the Chief Executive Officer has reached the age of 65 or more and is entitled to a full retirement pension under the general social security scheme.
All general managers are required to provide their employer with a career record on request.
If the conditions set out in the second paragraph of this 4° are not met, the Chief Executive Officer may be retired as soon as he/she is entitled to a full retirement pension under the general social security scheme. Retirement takes place no later than the age of 70.
In this respect, the Director General receives the end-of-career allowance provided for in article 24 of the statutes governing the administrative staff of the chambers of commerce and industry.
5° Termination
The agreement may be terminated by unilateral action on the part of the employer, on the proposal of the president of a regional chamber of commerce and industry in the case of the director general of that chamber.
It may be motivated in particular:
-a difference of opinion that impedes the smooth running of the chamber;
or
-professional incompetence;
or
-behaviour that hinders the proper performance of his duties.
The dismissal decision notified to the General Manager shall include a statement of the reasons justifying the measure.
The decision to dismiss on the grounds of a difference of opinion that impedes the smooth running of the chamber may not be taken before the expiry of a period of four months following the date of the election of the president of the chamber of commerce and industry whose services he heads.
Dismissal is subject to three months’ notice and entitles the employee to severance pay equal to that paid under article 35-2 of the aforementioned statutes governing the administrative staff of the chambers of commerce and industry.
The seniority to be taken into account is the length of time the employee has been with the chamber of commerce and industry.
The seniority to be taken into account corresponds to the years of service completed as general manager of the chamber and those completed in other functions with the same employer, as well as, where applicable, the seniority included in the general manager’s agreement in respect of services completed with other chambers of commerce and industry.
In the event of dismissal on the grounds of dismissal, the seniority to be taken into account is that of the general manager.
In the event of dismissal on the grounds of professional incompetence or behaviour that hinders the proper performance of his duties, the redundancy payment may be reduced by an amount not exceeding half of that resulting from the application of Article 35-2 of the Staff Regulations.
The payment of redundancy pay is subject to the provisions of Article 35-2 of the Staff Regulations.
The redundancy payment is made on the date on which the Chief Executive Officer’s duties are effectively terminated. Exceptionally, in the event of unavailability of budgetary appropriations, the part of the indemnity exceeding one year’s salary may be paid by 15 February of the following financial year at the latest.
If the dismissal takes place during the financial year, the indemnity shall be paid by 15 February of the following financial year at the latest.
If the dismissal takes place in one of the three years preceding the normal retirement age under the general social security scheme, the total compensation may not exceed the salary that the person concerned would have received during the period remaining until that date.
The Director General employed in the public sector who is dismissed shall be entitled to the same compensation as the Director General employed in the private sector.
A Director General who is a public servant and who is dismissed shall be entitled to the replacement income provided for in article 35-3 bis of the aforementioned statutes governing the administrative staff of the chambers of commerce and industry.
6° Removal from office
The dismissal, pronounced by the employer, is motivated by serious misconduct on the part of the Director General of the public service. The reasons for the dismissal shall be given and the Managing Director shall be notified in writing. During the procedure described in section V, the employer suspends the Chief Executive Officer’s duties and remuneration.
Removal from office does not give entitlement to redundancy pay.
V.-The termination of functions mentioned in 5° and 6° of IV shall take place in accordance with the following procedure:
-The Managing Director is invited to an interview by the employer or his delegate by registered letter with acknowledgement of receipt or by letter delivered by hand against receipt.
-The General Manager is notified of the interview;
The interview takes place at least five days before the date of the interview.
-The interview takes place at least five working days after notification of the invitation letter.
-It is conducted by the employer or his delegate. During this interview, the General Manager may be assisted by any person of his choice;
-Notification of the dismissal or removal from post by the employer in writing, stating the channels and time limits for appeal.
VI.
VI.-The director general, public servant, of a territorial chamber of commerce and industry whose post is abolished as a result of the chamber being transformed into a local chamber of commerce and industry or merged with another chamber shall be informed of the abolition of his/her post by registered letter with acknowledgement of receipt sent by the employer.
Within fifteen working days of the date of receipt of this letter, the employer will hold an interview with the Director General to discuss the possibility of redeployment within the network of chambers of commerce and industry.
If no redeployment is offered, the Managing Director will be dismissed in accordance with the procedure set out in section V.
If an offer of redeployment is made, the Managing Director may refuse it within one month by registered letter with acknowledgement of receipt. On receipt of this letter, the president of the regional chamber of commerce and industry will proceed with the dismissal in accordance with the procedure set out in V.
VII.
VII.A joint conciliation committee, made up of two full members and two alternate members appointed from among the chamber presidents by the board of CCI France, as well as two full members and two alternate members appointed from among the general managers by the association of general managers of chambers of commerce and industry, may be consulted for an opinion, prior to the employer’s decision, in the case of a redundancy or dismissal procedure provided for in 5° and 6° of IV and VI of this article, by the employer or the general manager.
Its operating procedures are laid down by order of the minister responsible for overseeing the chambers of commerce and industry.