Subsection 2: Procedures for exercising general powers

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…