Article L2312-11 of the French Labour Code
November 7, 2023
The committee carries out its duties without prejudice to the provisions relating to trade union delegates and the collective expression of employees.
The committee carries out its duties without prejudice to the provisions relating to trade union delegates and the collective expression of employees.
The Social and Economic Committee formulates, on its own initiative, and examines, at the employer’s request, any proposal likely to improve employees’ working, employment and vocational training conditions, their living conditions in the company as well as the conditions under which they benefit from the additional collective guarantees mentioned inarticle L. 911-2 of the Social Security Code.
The Social and Economic Committee carries out regular inspections of health, safety and working conditions. It conducts investigations into accidents at work and occupational or work-related illnesses. The committee may ask to hear the manager of a neighbouring company whose activities expose workers within its remit to particular nuisances. It is informed of the action taken on its observations. The committee may call on the assistance of any person in…
The employer’s decisions are preceded by consultation of the social and economic committee, except, pursuant to article L. 2312-49, before the launch of a public takeover bid. Draft collective agreements, their revision or denunciation are not subject to consultation of the committee. Companies which have concluded an agreement relating to the forward-looking management of jobs and skills are not subject to the obligation to consult the Social and Economic Committee…
The social and economic committee issues opinions and wishes in the exercise of its consultative powers. To this end, it has sufficient time for examination and precise written information sent or made available by the employer, as well as the employer’s reasoned response to its own observations. It also has access to relevant information held by public administrations and bodies acting on their behalf, in accordance with the legal provisions…
Unless there are special legislative provisions, the agreement defined in Article L. 2312-19 and Article L. 2312-55 or, in the absence of a trade union delegate, an agreement between the employer and the social and economic committee or, where applicable, the central social and economic committee, adopted by a majority of the full members of the personnel delegation of the committee, or, in the absence of an agreement, a decree…
The social and economic committee is consulted under the conditions defined in this section on : 1° The strategic orientations of the company ; 2° The economic and financial situation of the company; 3° The social policy of the company, working conditions and employment. During these consultations, the committee is informed of the environmental consequences of the company’s activity.
An economic, social and environmental database brings together all the information required for consultations and recurring information that the employer makes available to the social and economic committee. This information includes, in particular, all the indicators relating to professional equality between men and women, notably on the differences in remuneration and distribution between men and women among senior executives and members of the management bodies defined in article L. 23-12-1…
A company agreement, concluded under the conditions provided for in the first paragraph of Article L. 2232-12 or, in the absence of a trade union delegate, an agreement between the employer and the Social and Economic Committee, adopted by a majority of the full members of the Committee’s staff delegation, may define: 1° The content, frequency and procedures for the recurring consultations of the Social and Economic Committee referred to…
A group agreement may provide that consultation on the strategic guidelines is carried out at group works council level. It lays down the procedures for transmitting the opinion of the group works council: 1° To each social and economic committee of the group, which remains consulted on the consequences of these strategic guidelines; 2° To the administrative body of the dominant undertaking in the group, as defined in article L….
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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