Subsection 2: Delegation hours

The employer allows the time required to carry out their duties: 1° To each of the full members of the staff delegation of the social and economic committee; 2° To the union representatives on the social and economic committee in undertakings with at least five hundred and one employees; 3° To the union representatives on the central social and economic committee of the undertaking in undertakings with at least five…

The procedures for using delegation hours for more than one month are defined by regulation.

A decree in the Conseil d’Etat determines the conditions under which the full members of the staff delegation of the Social and Economic Committee may, each month, divide the delegation time available to them between themselves and with the alternate members.

Time spent on delegation is automatically considered as working time and paid at the normal rate. If the employer wishes to contest the use made of delegation time, he must refer the matter to the courts.

The time spent by the members of the staff delegation of the social and economic committee is also paid as actual working time: 1° Seeking preventive measures in all urgent and serious situations, in particular when implementing the procedure for serious and imminent danger provided for inarticle L. 4132-2; 2° Meetings of the works council and its committees, in this case up to an overall limit set by company agreement…

Time spent at meetings of the social and economic committee with the employer by union representatives on the committee is paid as working time. This time is not deducted from delegation hours in companies with at least five hundred and one employees.

In temporary employment undertakings, delegation hours used between two assignments, in accordance with contractual provisions, by a full committee member to carry out his mandate, are considered as working hours. For the purposes of remuneration and social security contributions, these delegation hours are deemed to be attached to the last assignment contract with the temporary employment undertaking for which the full works council member was elected.