The Personnel Representatives :
a constitutional right
• DP
= Staff representatives.
• CE
= Works Council or Company Comitee.
• CHSCT = Comitee of health Safety and
working conditions.
• DS
= Union Delegate.
• RS
= Union Representative.
In its preamble the Constitution of October 27, 1946 affirms
the right to have Labor Unions «All persons may defend
their rights and interests by Labor Union action and
belong to the Labor Union of their choice ». It also
defines an employee’s right to be represent « All workers
participate through the intermediary of their
representatives in a collective determination of working
conditions and in the management of their companies ».
The differents mandates
CE
DP
DS
RS
CHSCT
9
17
2 per
Union
1 per
Union
9
Nb of
9
substitutes
17
nap
nap
9
Nb of reps
How
appointed
Elected by Elected by
employees employees
Appoint
ed by a
Union
Appoint
ed by a
Union
Elected by
the staff
reps
Hours
assigned
20/month
15/month
20/m
20/m
20/month
Duration
4 years
4 years
Union
Union
decision decision
2 years
The Personnel Representatives
election
• The electors
Electors consist of those who, on the date of the first round of the election have worked for
the Company for at least three months, are at least 16 years of age and have not had their
civil rights remove.
• Electoral Colleges
Electors are placed in colleges according to the job they do in the company.
There are two colleges :
– One for workers and administrative staff : ETAMS
–
the other for engineers, departmental managers and technicians : CADRES
• The candidates
A candidate for election must satisfy four conditions :
– Be an elector;
– Be at least 18 years of age;
– Not be close relative of a member of Management.
– Have worked in the company for at least one year non-stop.
For the first ballot, only represented Unions can put forward candidates.
The second ballot is held two weeks later if a quorum has not been reached or if the
number of candidates is not sufficient to fill all places. Any employee satisfying the
eligibility conditions can then be a candidate whether or not they are put forward
by a Union organization.
The Works council
1.
2.
3.
4.
5.
6.
The CE is consulted by the Top management;
It is kept informed about certain issues;
It alone manages welfare and cultural activities;
It has right to propose new initiatives;
It negotiates profit sharing and incentives;
It has right to indicate its concern about issues liable to
affect the company economically;
The CE is involved in all crucial moments of the company’s life.
It must be kept informed and consulted about the
majority of the company’s social and economic changes.
Restructuring, start-up of new business, new technology,
working conditions, job development, adaptation or
training plans, etc…
The consultative role of the
Works Council, CE :
• Consultation presupposes the coming into play of a procedureinformation sharing and meetings – in order to obtain the Council’s
opinion. The CE is therefore included in the Employer’s decision-making
process. The CE’s opinion is not binding for the employer, who
alone decides what courses of action to take, however the Employer
must justify such decisions.
• CE
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must be consult on the following subject :
Organization, management and general running of the company.
Employment issues.
Changes to the economic organization and company’s legal
organization,
New technologies
Company rules and regulations
Social audit
General issues concerning working conditions,
working schedule and duration,
Professional training and apprenticeships,
Health and safety,
Equal opportunities,
Termination
disability.
Welfare and Cultural
Activities :
• The CE manages all cultural and welfare activities within the
company.
• Welfare and cultural activities are designed for the company’s
employees, their families and formers employees, in order to
improve their living and working conditions.
• The CE is free to decide how to spend its welfare ans cultural
budget.
• At Amadeus the CE will receive in 2009 :
– About 240 000E representing the legal minimum , i.e. 0,2 % of the wage
bill for its operating
– 1 200 000E for its activity budget representing 1% of the wage bill.
• The operating budget is reserved strictly for Wors Council
administration purposes : training its members and
administrative costs.
Work Council members:
• Ex officio members of the CE with voting
rights:
– The elected representatives;
– The Chairperson;
• Ex officio members of the CE without voting
rights:
– Union representatives;
– Substitute staff representatives;
• Non-members, non-voting right but with the
right to be present :
– Aides assist the Chairperson - a maximum of two;
– Assistant to CE secretary : responsible to taking notes in meeting
and writing up the minutes;
– On agreement between Chairperson and CE members a specialist
can be invited, example, Labor Inspector, the Company doctor, a
technology expert, a Certified Public Accountant.
How the Work Council works
•
The CE meets once a month;
•
An extraordinary meeting can be held between 2 normal
meetings if a majority of members request it;
•
The agenda is drawn up jointly by the Chairperson and the CE
Secretary;
•
Where decisions must be taken, this is done by a majority vote
of members present;
•
The CE can engage the assistance of a Certified Public
Accountant than it may choose at will;
•
CE members are freedom of movement within and outside the
company. They have added termination protection.
Staff representatives
• The staff rep. Is responsible for presenting to Management
all individual and collective complaints with regard to
salaries and rules in line with Labor Law and collective
agreements in force in the company;
• The staff rep. Is also involved in others areas, example :
to propose relocation after a work injury;
• Management meets with staff rep. Once a month;
• All complaints must be handed to Management 2 days
before the meeting. Management has 6 days from the
date of the meeting to reply in writing;
Unions
Each represented Union that has a Union local in the company can
appoint :
•
one or two Union Representatives who cannot be elected to the
Works Council.
•
A union delegates :
–
–
–
–
–
–
Within a company, the Union Delegate has a leading role in defending worker’s
rights with Management in the name of all employees. Very few areas are
outside their jurisdiction, with the exception of profit-sharing and incentive
agreements, where they wok with the Works Council and/or the personnel;
Union delegates represent their Union with in the company and have bargaining
powers;
They can also, like staff reps., present individual complaints;
Meetings between Management and Union delegate are not legally bound to take
place at particular intervals. However, if Management refuses systematically to
meet with its Union delegate it commits a hampering offence;
They can also be elected as members of the Works Council or a staff reps;
They defend the interests of all employees during Mandatory Annual Negotiations
on compensation, work duration and organization.
Le CHSCT
Role of the CHSCT
• Verify:
– The CHSCT ensures that all regulatory and legislative health and safety requirements
are enforced. The premises are inspected at least once each quarter, either collectively
or by one or more of its members. The CHSCT can also decide to hold an inquiry after a
work injury or for an emergency procedure.
• Collaborate:
– The CHSCT can help draw up the safety training program and ensure it is carried out.
• Pronounce:
– Each year, the CHSCT receives from Management a written report on health, safety and
working conditions along with an annual program for risk-prevention and improving
working conditions. It can then propose priorities and additional measures;
– The CHSCT must also be consulted on the company rules and regulations and on
projects liable to modify health, safety and working conditions : transformation of
equipment, changes in production rates, changes in work organization, etc…
– For the latter and for its inspections where a serious risk exists, the CHSCT can call
upon the advice of an expert paid by the Employer.
– In general, consulting the CHSCT precedes consulting the Works Council.
The CHSCT members
• The CHSCT members are elected by the Staff reps. and
Works council members.
• The CHSCT meets two times per month and when 2 of its
members ask for it or after an accident.
• The agenda for the meetings is drawn up jointly by
Management, the CHSCT Secretary.
• The CHSCT is chaired by Management representative, it
comprises the elected members, the Labor Inspector and a
CRAM (Regional Health Office), safety officer. The Company
doctor and Chief Safety Officer may also attend.
Bargaining powers
• Who can negotiate?
On the employee side, collective agreements
restrict bargaining powers to the recognized Labor.
• Special partnership with the Unions :
those recognized nationally: CFDT, CFTC, CGT, CFE-CGC
• Mandatory Annual Negotiation :
About compensations, work duration and organization.
• How bargaining works :
while bargaining is underway, Management may not,
except in an emergency, take unilateral decisions on points
under discussion with the Labor Unions.