Book II: Employment contracts

The employee adviser is responsible for assisting the employee during the interview prior to dismissal in companies without staff representative bodies. They are included on a list drawn up by the administrative authority after consultation with representative employers’ and employees’ organisations at national level, under conditions determined by decree. The list of councillors includes the name, address, profession and any trade union membership of the councillors. It may not include…

In establishments with at least eleven employees, the employer shall allow the employee appointed as employee adviser the time required to carry out his duties, up to a maximum of fifteen hours per month.

Time spent by the employee adviser away from the company during working hours in order to carry out his duties is treated as actual working time for the purposes of determining the duration of paid leave, entitlement to social insurance benefits 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…

A decree sets out the compensation arrangements for employee advisers who work outside any establishment or for several employers.

Employers are reimbursed by the State for the salaries maintained during the employee adviser’s absences to carry out his duties, as well as the corresponding benefits and social security charges.

The employer grants the employee adviser, at the latter’s request, leave of absence for training purposes. These authorisations are granted up to a maximum of two weeks per three-year period following the publication of the list of employee advisors on which the employee advisor is registered. The provisions of articles L. 2145-5 to L. 2145-10 and L. 2145-12, relating to economic, social, environmental and trade union training leave, are applicable…

The employee adviser is bound by professional secrecy in all matters relating to manufacturing processes. They are bound by an obligation of discretion with regard to information of a confidential nature and given as such by the employer. Any breach of this obligation may result in the removal of the person concerned from the list of advisers by the administrative authority.

The performance of the employee adviser’s duties may not be a reason for termination of the employment contract. Dismissal of an employee adviser is subject to the administrative authorisation procedure set out in Book IV of Part Two.