French Labour Code
In forceI.-The Agence nationale pour l'amélioration des conditions de travail is administered by a Board of Directors and managed by a Chief Executive Officer.
The Board of Directors comprises :
1° Eleven employers' representatives, distributed as follows:
ten representatives of professional employers' organisations that are representative at national and cross-industry level. For the distribution of seats, the number of companies belonging to each of these organisations and the number of employees employed by these same companies are taken into account (30% and 70% respectively). Seats are allocated on the basis of proportional representation using the highest average;
-one representative of the agricultural professions, nominated by the Fédération Nationale des Syndicats Exploitants Agricoles (FNSEA);
2° Eleven representatives of representative employee trade unions at national and cross-industry level. Each employees' union organisation has a number of seats proportional to its weighting at national and cross-industry level and according to the rule of proportional representation with the highest average;
3° Seven representatives of the State, ex officio members, distributed as follows:
a) The Minister for Labour or his representative, and another of his representatives ;
b) A representative of the Minister for Employment;
c) A representative of the Minister for Agriculture;
d) A representative of the Minister for the Economy;
e) A representative of the Minister for Women's Rights;
f) A representative of the Minister for the Civil Service;
4° Four people qualified in the field of working conditions appointed by the Minister for Employment, one of whom is nominated by the Association of French Regions.
An order of the Minister for Employment sets the distribution of the seats mentioned in 1° and 2° of this I.
II - In addition to the personalities provided for in the fourth paragraph of article L. 4642-2, the following attend meetings of the Board of Directors in an advisory capacity:
1° The Chief Executive Officer and the Accounting Officer of the Agency or their representatives ;
2° The Chairman of the Agency's Scientific Advisory Board;
3° The Agency's budget controller or his representative;
4° Where necessary, representatives of ministers who do not sit on the Board of Directors when the Board is called upon to deal with matters falling within their remit;
5° Two representatives of the Agency's staff elected in accordance with the procedures defined by the Agency's internal regulations.
In addition, the Board of Directors may hear any person it considers useful for its information.
III - The Board of Directors elects a Chairman from among its members by an absolute majority. The Chairman's term of office is three years and is renewable. The age limit applicable to the Chairman is seventy.
If the Chairman is absent or unable to act, the Minister for Labour or his representative exercises his prerogatives.
The members of the Board of Directors mentioned in 1°, 2° and 4° of I are appointed for a renewable three-year term by order of the Minister for Labour.
The members of the Board of Directors mentioned in 1° and 2° of I may be represented by an alternate member belonging to the same organisation appointed under the same conditions.
Membership of the Board of Directors is incompatible with membership of the Scientific Council.
In the event of a seat falling vacant due to the permanent inability of its holder or the loss by a member of the capacity in respect of which he has been appointed, a new member or a new chairman shall be appointed under the conditions laid down in this article. The term of office of this member or chairman expires at the same time as the term of office of the member or chairman being replaced.
