Article L2316-25 of the French Labour Code
November 7, 2023
In companies with at least fifty employees, the works’ social and economic committees have legal personality.
In companies with at least fifty employees, the works’ social and economic committees have legal personality.
Works councils operate in the same way as company-level works councils.
Obstructing either the setting up of a social and economic committee, an establishment social and economic committee or a central social and economic committee, or the free appointment of their members, in particular by disregarding the provisions of articles L. 2314-1 to L. 2314-9, is punishable by one year’s imprisonment and a fine of €7,500. Obstructing their regular operation is punishable by a fine of €7,500.
In the absence of an agreement as provided for in Article L. 2312-19, the failure, in a company with at least three hundred employees or in a separate establishment with at least three hundred employees, to draw up and submit annually to the social and economic committee the company or establishment social balance sheet as provided for in Article L. 2312-14 is punishable by a fine of €7,500.
The Works Council exercises all the powers defined in Chapter II of Title I of this Book and has sole authority to negotiate, conclude and revise company or establishment agreements. Its operating procedures are those defined in Chapter V of Title I of this book.
The works council may be set up by a company agreement concluded under the conditions set out in the first paragraph of article L. 2232-12. This agreement is for an indefinite period. It may also be set up by an industry-wide agreement for companies without a trade union representative. The agreement specifies the terms and conditions under which negotiations take place at establishment level.
The agreement provided for in article L. 2321-2 sets the list of topics such as professional equality, subject to the assent of the works council. Vocational training is a compulsory subject.
The agreement provided for in article L. 2321-2 sets the number of delegation hours from which the elected members of the works council participating in negotiations benefit. This number may not, save in exceptional circumstances, be less than a number of hours defined by decree by the Conseil d’Etat, depending on the number of employees in the company.
Time spent negotiating is automatically considered as working time and paid at the normal rate.
The agreement provided for in Article L. 2321-2 includes stipulations on compensation for travel expenses.
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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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