Section 2: Employee adviser

The list of employee advisors is drawn up by the Regional Director of Companies, Competition, Consumption, Labour and Employment, after consultation with the employers’ and employees’ organisations that are representative at national level and sit on the National Commission for Collective Bargaining, Employment and Vocational Training, whose observations must be submitted within one month. Employee advisors are chosen on the basis of their experience of industrial relations and their knowledge…

The list of employee advisers is drawn up in each département by the prefect and published in the prefecture’s administrative records. It is made available to employees in each labour inspection section and in each town hall.

The list of employee advisers is revised every three years. It may be supplemented at any time if necessary.

Mediators, experts and qualified persons shall be reimbursed for travel and subsistence expenses incurred outside their place of residence in the performance of their duties, in accordance with the conditions laid down in the regulations in force for civil servants.

An employee adviser who has made at least four appointments in the course of a calendar year is entitled to a fixed annual allowance, the amount of which is set by joint order of the ministers responsible for the budget and labour.

The employer is reimbursed monthly by the State for the salaries maintained in application of the provisions of article L. 1232-9 as well as all the benefits and corresponding social security charges for which it is responsible. When working hours are longer than the legal working hours, the cost of additional overtime pay is shared between the State and the employer. This distribution is made in proportion to the time…

Notwithstanding the provisions of article D. 1232-9, an employee adviser paid solely on commission is compensated directly under the conditions set out in this article. For each hour spent between 8 a.m. and 6 p.m. performing their duties as advisors, employee advisors paid solely on commission will receive an hourly allowance equal to 1/1,900 of the professional income declared to the tax authorities the previous year. To this end, the…

An employee who carries out his professional activity outside any establishment, with the exception of the employees mentioned in article D. 1232-10, is entitled to have the hours spent carrying out the duties of employee advisor between 8 a.m. and 6 p.m. considered, in whole or in part, as working hours and paid as such by the employer. The employer is reimbursed in full under the conditions set out in…

The employee adviser may be struck off the list by the Prefect, under the conditions set out in Article L. 1232-13.