Works Councils and Elected Union Delegates

Once a company has 11 employees, it has to organize elections for Union Delegates (Délégués du personnel).  When it grows to 50 employees, it has to have a Works Council (Comité d'Entreprise). Many small French companies limit themselves to either 10 employees or 49 employees. 

The "Code du Travail" is very clear about Union and Works Council elections and how they are held.  Elections have to be organized every two years.  Once elected, or even if they only stand for election, Union delegates become protected workers.  If the employer wishes to terminate their contract(s) he has to get permission from the Works Council itself.

A company of between 75 and 99 employees has to have 4 Works Council delegates and 3 Union delegates.  A company of 500 employees has to have 8 Union delegates and 7 Works Council delegates.  In companies counting less than 200 employees, the employer can decide to merge the responsibilities of Works Council and Union Delegates in a DUP, "Délégation Unique du Personnel".  In this case, the number of elected delegates is 4 for a company of between 75 and 99 people and 5 for a company of between 100 and 124. 

       Union and Works Council delegates in a company of over 50 employees have an envelope of 15 hours a month in which to do Union or Works Council business, however use of that time must respect the mandate they have been given by their colleagues.  Elected delegates also have total right of movement within the company.

The Mandate for Union Delegates :

1)   To present to the employer all individual and collective complaints about salaries, respect of the "Code du travail" and other rules and regulations in vigour concerning Health, Safety, Hygiene and other forms of Social Protection (Protection sociale).

2)   To inform the Work Inspectorate (L'inspection du travail) of all non-respect of complaints and observations relative to the application of laws and regulations within the company over which they have a duty to provide control.  When a work inspector visits a company, he or she informs the Union Delegates and they are asked to accompany him or her during the visit.

3)        Union delegates have many other responsibilities.  They have to be consulted about any changes in annual vacation, changes in weekly or monthly working hours, "reclassement" of employees who have been victims of on-the-job accidents or work-related illnesses.  They need to receive information on a number of aspects of company life and the employer has to meet with them once a month.

The French Works Council (Le Comité d'entreprise) and Its Tasks

The works council is made up of :

1) The senior manager in the company, who acts as President of the Works Council although no preeminence should be allowed him or her because of the hierarchical position in the company.

2) The Works Council delegates, who have been elected for a period of 2 years.  As with Union Delegates, each Works Council delegate has a deputy who was on the same electoral list and who can stand in for him or her if needed.

3) Each Union represented in the company can also designate a delegate to the Works Council.  The Works Council is a legal entity in its own right.  It was created in 1945 so that employees could "express themselves collectively and thus ensure that their interests were taken into account."  The Works Council has to be advised and consulted on nearly every aspect of the management of the company :  its economic and financial health, the way in which work is organized, the training plan and methods of production.  Article L431-4 of the "Code du travail" states that the Works Council "elaborates, on its own initiative, and examines at the request of the Head of the Company, all proposals which could improve working conditions, improve training and employment among employees and their life in the company."

       In a company that has less than 150 employees, the Works Council meets a minimum of once every two months.  The Secretary of the Works Council keeps minutes and circulates them after the meeting to the people and instances who need to be kept informed.

       The Works Council is financed by a subsidy from the company which amounts to at least 0,2 percent of the gross wage bill.  The company must also provide the Works Council with a place in which to meet, equipped with the material necessary for its satisfactory functioning.  The Works Council has to keep track of all property which has been given over for its use or which it has acquired.

The Works Council has six main areas of responsibility:

1)   The area of contributing to satisfactory life in the company, which can be resumed as "Social and cultural activities".  These are the activities which the employer is not obligated to provide but which have been put in place for the benefit of the employees, their families and retirees of the company.  In this area are found activities such as organizing of ski trips, Xmas parties for children of employees, theatre outings, etc.

2)   In the area of daily working conditions, the Works Council is informed of and consulted about all matters relating to changes in working hours, new technologies, changes in working conditions, competencies, qualifications, methods of remuneration and changes in career paths.

3)   Training.  Every year the Works Council has to be consulted about the coming year's training plan.  It also gives its opinion about how the previous year's training plan worked out.

4)   With regard to the employment situation, the Head of the Company must inform the Council about trends in numbers employed, the employees' qualifications by gender, give a breakdown of temporary and permanent contracts and explain why he or she has had recourse to temporary employment.

5)   With regard to the introduction of new technologies, before every new technology introduction the Council has to be informed of the repercussions this will have on working conditions, remuneration, competencies, training and overall working life inside the company.

6)        With regard to the overall financial health of the company, the Works Council must be kept up to date and consulted about new and old market developments, all economic developments which could affect the company and the general management of the company.

Communications between the Head of the Company and the Works Council

1)   Within one month of the Works Council being elected, the Head of the Company (P.D.-G. or D.G. or Gérant) must communicate to the Works Council financial and economic information stating the legal status of the company, its economic prospects, the names of the major shareholders (holding more than 10% of the capital) and an analysis of how the company is doing in the sector in which it competes.

2)   At least once a year, the Works Council must receive a written report about the company.  This report must include figures of total turnover, profits or losses, global figures on the volume and value of production during the preceding year, information about transfers of capital or profits between subsidiaries and parent or holding companies, the status with sub-contractors, how the profits have been shared out, a resume of all subsidies or loans received from the State to buttress employment, a breakdown of investments made, any changes which have been made to the structure of the organisation and the total amount of salaries paid.

3)   Every quarter, the Works Council must receive a report detailing information about trends in customer/client orders, the financial health of the organisation, and the number of jobs (including temporary jobs) which have been created or eliminated.