The staff delegation has many tasks and responsibilities.
It is informed and consulted by the employer on many subjects.
The Labour Code defines the following terms:
information: the transmission by the employer of data to the staff delegation to enable them to become acquainted with the subject under discussion and to examine it at an appropriate time, in an appropriate manner and with an appropriate content so as to enable the delegation to carry out an adequate review of the issue and to prepare for a consultation if appropriate;
consultation: an exchange of views and the establishment of a dialogue between staff representatives and the employer, taking place at an appropriate time, through appropriate resources and with appropriate content, based on the information provided by the employer in accordance with the provisions of the preceding point. It colours the opinion which the staff delegation is entitled to formulate, so as to enable the staff delegation to meet with the employer and to obtain a reasoned response to any opinion which it may formulate, and in particular with a view to reaching agreement, where appropriate, on decisions falling within the employer’s powers.
The social partners may, at any time and at the appropriate level, including at company level, freely define the arrangements for informing and consulting employees by means of a negotiated agreement. These agreements may provide for different implementing provisions provided that, when defining and implementing the information and consultation arrangements, the employer and the employees’ representatives work in a spirit of cooperation and respect for their reciprocal rights and obligations, considering both the interests of the undertaking and those of the employees.
General powers and duties and right to information
General mission to safeguard and defend the interests of employees
The general task of the staff delegation is to safeguard and defend the interests of the company’s employees in terms of working conditions, job security and social status.
Within the framework of its general mission, the staff delegation is called upon to:
prevent and settle any individual or collective disputes that may arise between an employer and its employees in a spirit of cooperation;
present to the employer any individual or collective claim;
refer to the Inspectorate of Labour and Mines any complaint or observation relating to the application of legal, regulatory, administrative and contractual provisions concerning working conditions, rights and protection of employees in the exercise of their profession where a settlement of the above-mentioned disputes remains unresolved.
In the exercise of its powers, the staff delegation shall ensure strict compliance with equal treatment for men and women as regards access to employment, vocational training and promotion, pay and working conditions.
Information about the company's operations and corporate life
The head of the company is obliged to communicate the information that is likely to enlighten company employees regarding the running and life of the company to the staff delegation necessary for the proper performance of its tasks, including recent and probable trends of its activities and its economic situation.
This communication shall be made at the request of the delegation or on a monthly basis in companies with at least 150 employees.
In other companies, it takes place during meetings with the company’s management.
The head of the company shall provide the staff delegation and the Health and Safety representative with all the information necessary to inform the members of the delegation about:
health and safety risks and the protective and preventive measures and activities concerning both the company in general and each type of workstation or job;
protective measures to be taken and protective equipment to be used where necessary;
changes in the rate of absent staff.
The information under points 1 and 2 must also be diffused to any subcontractor with employees working in the company, who must transmit it to his staff delegation.
The employer must also consult the delegation on all matters that may affect the Health and Safety of employees.
Information on economic and financial developments in companies with less than 150 employees
When a company has had less than 150 employees during the 12 months preceding the first day of the month in which elections are announced, the management is obliged to inform the staff delegation in writing of economic and financial trends at least once a year, as well as the recent and future activities of the company.
To this end, it submits to the staff delegation an overall report on the company’s activity, turnover, overall production and operating results, orders, changes in the structure and amount of staff remuneration and investments made.
When the members of the staff delegation consider that the information provided is not sufficient to fulfil their tasks, they can request additional information from the head of the company within the limits of the information that must be provided to them according to the law.
In terms of information and consultation, the staff delegation’s mission is:
to give its opinion and make proposals on any issue relating to the improvement of working and employment conditions and the social situation of the company’s salaried staff;
to give its opinion on the drafting or modification of the company’s internal regulations and to strictly supervise the execution of these regulations;
to propose amendments to the rules of procedure, on which the management or the participants in the meeting must take a decision before the expiry of a period of two months, which must be communicated immediately to the delegation;
in companies with at least 100 employees, to participate in the training of apprentices in the company and in the management of apprenticeship centres, if any;
to collaborate in the establishment and implementation of any initial vocational training scheme, in particular apprenticeships;
to promote the integration of disabled persons and to work to create jobs appropriate to their physical and intellectual capacity;
to participate in the protection of the work and its environment as well as in the prevention of accidents at work and occupational diseases;
to participate in implementing policies to prevent harassment and violence in the workplace;
to give its opinion prior to the introduction, amendment or termination of a supplementary pension scheme;
to give its opinion on matters relating to working time;
to give its opinion on continuing vocational training plans;
to participate in the management of measures in favour of young people and to advise the employer on all questions relating to working conditions and the protection of young employees;
to collaborate in the implementation of internal reclassifications;
to promote the reconciliation of family and working life.
Structure and evolution of employment
The head of the company is obliged to inform and consult the staff delegation and the Equal Opportunity Officer on the situation, structure and probable changes to employment within the company, as well as on any anticipatory measures envisaged, particularly in the event of a threat to employment. To this end, it must provide the staff delegation and the Equal Opportunity Officer with half-yearly statistics, broken down by gender, on the recruitment, promotion, transfer, dismissal, remuneration and training of employees in the company.
Significant changes in work organization or contracts
The head of the undertaking is obliged to inform and consult the staff delegation on decisions likely to lead to significant changes in the organisation of work or in employment contracts, including those covered by the provisions concerning legislation on collective redundancies, the maintenance of employees’ rights in the event of a transfer of business ownership and the use of temporary employees.
Employment support and initiation contracts
The head of the company is obliged to inform and consult the staff delegation and the Equal Opportunity Officer on the conclusion of employment support contracts and employment initiation contracts.
Management of social support measures
The head of the company is obliged to inform and consult the staff delegation on the management of social support measures in the company for the benefit of employees or their families, including measures to ensure or facilitate employee housing.
To this end, the head of the company shall provide it with a management report at least once a year.
If the employees contribute financially to the social measures, this management report must be formally approved by the staff delegation.
Introduction or modification of specific teleworking arrangements
The company director is obliged to inform and consult the employee delegation on the introduction or modification of a specific teleworking arrangement in the company.
(last updated on 24.07.2023)
Introduction or modification of a system ensuring respect for the right to disconnect
The employer is obliged to inform and consult the staff delegation on the introduction or modification of a system ensuring respect for the right to disconnect outside working hours.
(last updated on 08.02.2024)
Information and consultation in technical, economic and financial matters in companies with at least 150 employees since the 2019 social elections
These provisions came into force after the 2019 social elections, when the joint works councils were abolished and their powers transferred to the staff delegations in companies employing at least 150 employees during the 12 months preceding the first day of the month in which the elections were announced.
Company facilities, work equipment and work methods
The head of the company must inform and consult the staff delegation prior to any important decision relating to:
the construction, conversion or extension of production or management facilities;
the introduction, improvement, renewal or transformation of equipment;
the introduction, improvement, renewal or transformation of working methods and production processes, with the exception of manufacturing secrets.
The head of the company is obliged to inform the staff delegation of the impact of such measures on the working conditions and environment.
Labour requirements
In general, the head of the company must inform and consult the staff delegation, at least once a year, on current and foreseeable manpower requirements in the company and on the measures, which may be implemented concerning the company’s employees, in particular training, further training and professional re-education.
Economic or financial decisions that may have an impact on employment
The staff delegation must be informed and consulted on any economic or financial decision that may have a decisive impact on the structure of the company or on employment levels.
This particularly applies to decisions concerning the volume of production and sales, the programme and direction of production, investment policy, plans to close or transfer the company or parts of the company, plans to restrict or extend the company’s activities, plans to merge companies and plans to change the organisation of the company, and the introduction, amendment and termination of a supplementary pension scheme.
The information and consultation here must cover the repercussions of the measures envisaged on the size and structure of the workforce as well as on the employment and working conditions of the company’s personnel. They also cover the social measures, in particular vocational training and re-education measures taken or envisaged by the head of the company.
Information and consultation must in principle be prior to the decision envisaged. However, this is not the case when they are likely to hinder the management of the company or part of the company or to compromise the implementation of a planned operation. In such cases, the head of the company must give the staff delegation all the necessary information and explanations within three days.
The head of the company is obliged to inform and consult the staff delegation in writing, at least twice a year, on the economic and financial development of the company.
To this end, he shall submit an overall report to the staff delegation on the company’s activity, turnover, overall production and operating results, orders, changes in the structure and amount of staff remuneration and investments completed.
If the company is set up as a joint stock company, a non-profit association, a cooperative or a foundation, the management or the executive board is also obliged to send the profit and loss account, the annual balance sheet, the auditors’ report, the report of the board of directors or the executive board, as well as any other document submitted to the general meeting of shareholders or the decision-making body, to the staff delegation prior to submission to the general meeting of shareholders or the decision-making body.
Where the head of the company and the staff delegation have divergent positions, these must be brought to the attention of the board of directors or, where applicable, the manager(s).
If the company is not incorporated as a joint stock company, the divergent positions must be brought to the attention of the head of the company, if that person did not participate in person in the deliberations.
In all cases, the head of the company, the board of directors, the decision-making body or the manager are obliged to give an account, giving reasons, of the action taken on the positions expressed.
Participation rights in companies with at least 150 employees
In companies employing at least 150 employees during the 12 months preceding the first day of the month in which the elections are announced, and without prejudice to the application of other legal provisions or agreements, decisions must be taken by mutual agreement between the employer and the staff delegation concerning:
the introduction or application of technical facilities to monitor employees’ behaviour and performance at work;
the introduction or amendment of measures concerning the health and safety of employees and the prevention of occupational diseases;
the establishment or modification of general criteria for personal selection in the hiring, promotion, transfer, dismissal and, where applicable, criteria for priority in the admission of employees to early retirement;
the establishment and implementation of any programme or collective action for continuing vocational training;
the establishment or modification of general employee evaluation criteria;
the establishment or amendment of internal regulations, taking into account, where applicable, the collective agreements in force;
the granting of rewards to employees who, through their initiatives or proposals for technical improvement, have contributed in a particularly useful manner to the company, without prejudice to the laws and regulations governing patents and inventions;
the introduction and the modification of a specific telework regime at company level;
the introduction or modification of a system ensuring respect for the right to disconnect outside working hour.
Procedures for implementing the right of participation of staff representatives
A meeting between the employer and the staff delegation on participation rights should take place at least once each quarter.
The purpose of these meetings will be to discuss the points on which the delegation has a right of participation, with the aim of reaching an agreement.
The company will be represented by the head of the company or his representative, who will have the option of being assisted by persons of their choice, the number of representatives of the company not exceeding that of staff representatives in this case.
The Chairman of the delegation and the head of the company or his representative will set the agenda by mutual agreement, which must be communicated to the members of the staff delegation at least five days before the meeting.
These persons shall place on the agenda the issues specified in a request presented by at least half of the staff representatives or proposed by the head of the company three days before the meeting.
Where the parties cannot reach agreement on any of the decisions to be taken in accordance with the agenda, the staff delegation will give a mandate to the bureau to conduct the negotiations and arrive at a decision with the employer.
The bureau may be assisted by a maximum of four advisors, at least one of whom shall be appointed by each trade union which is nationally representative in general or sector terms and which obtained at least 20% of the elected members at the last elections.
Within 48 hours the Bureau will communicate a joint decision to the staff delegation.
The staff delegation will have 48 hours from this communication to formulate a duly substantiated request for the renegotiation of one or more of the issues to be decided.
Meetings will be held in private during working hours.
The head of the company must provide suitable premises and the necessary equipment for the meetings.
Decisions on employee participation rights shall be adopted by mutual agreement between the employer and the staff delegation or between the employer and the bureau, each party having one vote.
In the event of a disagreement concerning one of the measures subject to the participation procedure, the employer, the delegation or the bureau may submit the dispute to the mediation bodies.
All the deliberations of the meetings will be recorded in minutes countersigned by the head of the company or his representative and the chairman of the delegation or his representative.
Staff representatives will be required to report regularly to the delegations at the economic and social entity level and to the Equal Opportunity Officer on the outcome of the discussions at these meetings.
They will provide the Equal Opportunity Officer with an updated list of the general criteria for:
the establishment or modification of general criteria for personal selection in hiring, promotion, transfer, dismissal and, where applicable, the criteria for priority in the admission of employees to early retirement;
the establishment or modification of general employee evaluation criteria.
even if the employer claims that this information is confidential.
In such is the case, the Equal Opportunity Officer shall keep these criteria secret, except in the case of those that violate the principle of equal treatment, which he or she will refer to the Inspectorate of Labour and Mines.
The staff delegation has a number of other tasks, in particular with regard to:
the interview prior to a dismissal or to an essential modification of the employment contract: the staff delegation receives a copy of the employee’s summons;
transfer of ownership of a company or part of a company: the delegation is informed and consulted in good time before the transfer;
working time: the staff delegation has various powers with regard to the use of a reference period and a work organisation plan, the use of flexible working hours, rest time, the recovery of lost working time, the use of overtime, and Sunday work;
the employer’s request to pay his employees below the minimum social wage threshold: information and consultation of the staff delegation;
collective holidays: need for the agreement of the staff delegation;
parental leave: notice to the staff delegation by the employer when exercising its right to postpone such leave and the right of the delegation to refer the matter to the ITM if it considers that the postponement is not justified;
sexual harassment: right to recommend actions and task of assisting a victim upon request; moral harassment;
health and safety at work: right to information and consultation, right to make proposals, right to receive the occupational physician’s report, right to request medical examinations, right to receive the list of dangerous workplaces for pregnant women, right to inspect the register of young workers, right to be informed about the protection of employees against risks linked to exposure to chemical, physical and biological agents;
involvement in the case of a European Works Council or a cross-border information and consultation procedure for employees;
the development of a plan to maintain employment or a redundancy plan;
the employer’s request for a subsidy for partial, accidental or technical unemployment; the use of community service;
the use of aid for the recruitment of the long-term unemployed; continuing training;
early retirement for shift workers and night workers and gradual early retirement; inspections carried out by ITM in the company;
the right of the delegation to request that the ITM attend its meetings;
the use of temporary work, temporary loan of labour, part-time work: being informed and prior consultation of the staff delegation;
access to personal files: each employee has the right to access their personal files twice a year, during working hours. On this occasion, they may be assisted by a member of the delegation or by the Equal Opportunity Officer, who are required to maintain secrecy regarding the contents of the personal files insofar as they have not been released from this obligation by the employee. An employee’s remarks concerning the contents of his personal file must be included in the file at the request of the employee concerned;
processing of personal data carried out for the purpose of surveillance in the workplace: article L. 261-1 of the Labour Code stipulates that processing of personal data for the purpose of surveillance of employees may only be carried out by the employer in the cases referred to in Article 6(1)er(a) to (f) of Regulation (EU) 2016/679 (RGPD).