French Commercial code
In forceIn the following provisions:
- "body" means the national staff representative body provided for in V of Article 40 of Law no. 2019-486 of 22 May 2019, amended by the article 16 of law no. 2022-172 of 14 February 2022;
- the term "network" refers to the regional chambers of commerce and industry and CCI France.
I. - The body is a body for information and exchange.
1° It exchanges in particular on the information listed below as well as on that concerning the national strategy of the network defined by the General Meeting of CCI France, and on its consequences on activity, employment, changes in professions and skills, as well as on the organisation of work;
2° The following regional data consolidated at national level are made available to the body each year:
- social investment : employment trends, trends and distribution of precarious contracts, internships and part-time jobs, trends in qualifications, vocational training, apprenticeships, forward-looking management of jobs and skills, professional development;
- update on leave and organisation of working time;
- elements of remuneration for employees and managers and their trends;
- health, safety and working conditions, including preventive actions carried out in this area;
- elements enabling a diagnosis and comparative analysis of professional equality between men and women to be carried out for each socio-professional category in the network;
- social and cultural activities;
- economic and financial situation of the network;
- environmental consequences of the network's activity.
This information covers the previous two years and the current year;
3° The network's social and economic committees communicate to the body the opinions they have issued in the context of recurrent consultations;
4° The members of the body's staff delegation are bound by an obligation of discretion with regard to information of a confidential nature and presented as such by the employer.
II. - In accordance with the 2nd paragraph of Article L. 712-11, the staff delegation of the body shall give its opinion on any draft decree in the Council of State concerning public employees and providing for derogations from private law, due to the rules of public policy and general principles applicable to such employees, within one month of its transmission.
This item is automatically included on the agenda.
The body meets within one month of the draft text being sent.
This opinion is given by an absolute majority of the validly cast votes of the members of the staff delegation present. A secret ballot may only be held in the context of a remote electronic consultation if the technical voting procedures put in place ensure the confidentiality of the votes and if the members have been sufficiently informed of these procedures before the opinion is collected.
III. - The body is composed of:
1° The employer delegation, which includes, in addition to the President of CCI France, no more than five persons of his choice. The Chairman of CCI France or his representative chairs this body;
2° The staff delegation, which comprises twelve full members and twelve alternates, divided into a number of colleges identical to that chosen by the trade union organisations for the network's social and economic committee elections, in application of the provisions of article L. 2314-12 of the Labour Code. An alternate member may only sit on the body if a full member is unable to attend. The alternate member does not automatically replace the full member whose position has become vacant.
The supervisory minister or his representative has automatic access to the meetings of the body. He shall be informed of the meetings of the body under the same conditions and within the same deadlines as those laid down for its members.
IV. - The members of the staff delegation are appointed as follows:
1° The twelve seats of the staff delegation are distributed between the electoral colleges in proportion to the numerical importance of each college, measured by the total number of voters registered at the last elections of the social and economic committees of the network, excluding voters not directly employed by the network;
2° The seats allocated to each college are distributed between the representative trade union organisations, in proportion to the total number of elected representatives they have obtained in these colleges, according to the rule of proportional representation with the highest remainder. The members of the social and economic committees elected by staff not directly employed by the network are excluded from this count;
3° The representative trade union organisations called to sit on the body appoint their representatives, full members and alternates, from among the members elected to the social and economic committees directly employed by the network. These representatives are appointed within three months of the date of the first round of elections to the network's social and economic committees.
V. - The term of office of the members of the staff delegation is governed by the following rules:
1° If the term of office of a full or alternate member of the body is terminated before its end, the trade union organisation appoints a replacement;
2° The duties of the members of the staff delegation of the body are terminated by death, resignation, termination of the contractual relationship, loss of the conditions required to be eligible. Termination of the term of office as a member of the social and economic committee also entails termination of the term of office held by the person concerned within the body.
VI. - The body meets at least twice a year, convened by its chairman.
1° The first meeting of the body following the elections to the network's social and economic committees takes place on an agenda set by the body's chairman.
At this meeting, a secretary and a deputy secretary are elected by a two-thirds majority of the votes validly cast by the members present of the staff delegation of the body, from among the full members of this delegation;
2° The agenda for the meetings is drawn up jointly by the chairman and the secretariat of the body. It is sent to the members, along with the necessary papers and documents, at least eight days before the meeting;
3° The body meets face-to-face at least once each year, unless agreed otherwise between the two delegations;
4° A credit of twelve delegation hours per year is paid for by CCI France, in respect of the performance of the duties of each of the full members of the body. Any meeting convened at the initiative of CCI France is considered as actual working time and is not deducted from the credit hours. This time credit may be shared between the full members and the alternates;
5° The travel, accommodation and catering expenses of the members of the body, incurred in order to take part in the meetings of the body, are paid for by CCI France, in compliance with the provisions relating to deductible professional expenses for the calculation of social security contributions and social contributions provided for by the social security code.
VII. - The conditions under which the staff delegation may have recourse to a consultancy assignment, as well as the terms and conditions of its financial coverage by CCI France, shall be negotiated in a collective agreement provided for in 6° of Article 711-16.
VIII. - The provisions of this article may be specified by a collective agreement provided for by 6° of Article L. 711-16.
