French Commercial code
In forceI.-The members of the joint conciliation commission provided for in D. 711-70-1 and their alternates are appointed for five years in the month following the general meeting at which CCI France is set up, as provided for in article R. 711-58 :
1° The representatives of the presidents of the chambers of commerce and industry are appointed by the bureau of CCI France from among the presidents in office;
2° The representatives of the general managers of CCIs are appointed by the association of general managers of CCIs from among the general managers in office.
The Bureau of CCI France and the Association of Chief Executive Officers will forward the name(s) of the person(s) appointed to the secretariat of the joint conciliation commission and to the responsible minister.
In the event of the departure of a full or alternate member, the Bureau of CCI France or the Association of CCI CEOs will appoint the new member in the same way, who will sit until the next appointment of the commission's full and alternate members;
II.-The secretariat of the joint conciliation commission is provided by CCI France, which appoints the person acting as secretary from among its employees.
A full member who is unable to attend informs the secretariat and is replaced by his or her alternate.
In particular, the situation in which a member belongs to the same regional chamber of commerce and industry as the Director General who is the subject of dismissal or removal from office shall constitute a case of impediment ;
III.The president of the employing chamber of commerce and industry or the director general acting as a public official who wishes to refer a matter to the joint conciliation commission for an opinion in the context of a redundancy or dismissal procedure sends his request to the secretariat of this commission by registered post with acknowledgement of receipt. This letter must include all relevant details enabling the Joint Conciliation Committee to give its opinion on the procedure in question.
Receipt of the referral letter suspends the redundancy or dismissal procedure.
Within five working days of receipt of the referral, the secretariat of the joint conciliation commission sends a copy of the request, together with any attachments, to the full members of this body as well as to the party that did not initiate the referral, i.e. either the general manager in question or the president of the public establishment of the network of chambers of commerce and industry concerned.
A member who is prevented from attending by virtue of belonging to the same employing chamber of commerce and industry as the Director General who is the subject of the referral is replaced under the conditions laid down in II.
The secretariat convenes the full members to a meeting which must be held within a maximum of fifteen working days following receipt of the referral.
The parties are informed of the date of the meeting and of the opportunity to be heard, including by any means of remote communication ;
IV.-After examining the file and hearing the parties who so wish, the members of the joint conciliation commission deliberate.
If agreement is reached by the majority of the members present, they adopt a reasoned opinion which they sign.
If no agreement is reached on this text, the opinion shall include the reasoned position of each of the members present ;
V.-Within three working days of the meeting and no later than one month from the date of receipt of the referral, the secretariat of the joint conciliation commission shall send the claimants, by registered post with acknowledgement of receipt, a copy of the opinion of this body. It will also send this copy to the other party for information.
The dismissal or revocation procedure ceases to be suspended on the date of first presentation of this letter.
