Article L2315-33 of the French Labour Code
November 7, 2023
The social and economic committee may decide that certain of its deliberations be forwarded to the administrative authority.
The social and economic committee may decide that certain of its deliberations be forwarded to the administrative authority.
The deliberations of the social and economic committee are recorded in minutes drawn up by the committee secretary within a period and in accordance with procedures defined by an agreement concluded under the conditions provided for in the first paragraph of article L. 2312-16 or, failing this, by a decree. At the end of the period referred to in the first paragraph, the minutes are forwarded to the employer, who…
The minutes of Social and Economic Committee meetings, once adopted, may be posted or distributed within the company by the Committee secretary, in accordance with the procedures set out in the Committee’s internal regulations.
A health, safety and working conditions committee is set up within the social and economic committee in: 1° Companies with at least three hundred employees; 2° Separate establishments with at least three hundred employees; 3° Establishments referred to in Articles L. 4521-1 et seq.
In separate undertakings and establishments with fewer than three hundred employees, the labour inspector may require the creation of a health, safety and working conditions committee where this is necessary, in particular due to the nature of the activities, layout or equipment of the premises. This decision may be challenged before the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment.
The Health, Safety and Working Conditions Committee is entrusted, by delegation from the Social and Economic Committee, with all or part of the Committee’s powers relating to health, safety and working conditions, with the exception of the use of an expert as provided for in sub-section 10 and the Committee’s consultative powers.
The committee is chaired by the employer or his representative. It comprises at least three employee representatives, including at least one representative of the second college, or where applicable the third college, as provided for in Article L. 2314-11. The members of the health, safety and working conditions committee are appointed by the social and economic committee from among its members, by a resolution adopted in accordance with the procedures…
The company agreement defined in article L. 2313-2 sets out the procedures for setting up the health, safety and working conditions committee(s) in application of articles L. 2315-36 and L. 2315-37, by defining: 1° The number of members of the committee(s); 2° The tasks delegated to the committee(s) by the Social and Economic Committee and the procedures for carrying them out; 3° Their operating procedures, in particular the number of…
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 elected full members of the Committee’s staff delegation, lays down the procedures for setting up the health, safety and working conditions committee(s) referred to in 1° to 6° of Article L. 2315-41.
Apart from the cases provided for in Articles L. 2315-36 and L. 2315-37, the company agreement defined in Article L. 2313-2 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 elected full members of the committee’s staff delegation, may set the number and scope of the health, safety and working conditions committee(s) and…
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75001, Paris France
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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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