French Commercial code
In forceI-The departments of CCI France, regional chambers of commerce and industry and territorial chambers of commerce and industry are headed by a Director General, placed under the authority of the President of the chamber.
The departments of the Ile-de-France departmental chambers of commerce and industry or local chambers of commerce and industry are headed by a delegate director general, placed under the authority of the director general of the regional chamber of commerce and industry, in functional liaison with the president of the departmental or local chamber of commerce and industry concerned.
The Director General or Deputy Director General provides, in particular, the general secretariat for the General Meeting, the Bureau, the commissions and, as far as CCI France is concerned, the Steering Committee.
Within the framework of the guidelines defined by the Chamber, and in compliance with its internal regulations, the Chief Executive Officer or Deputy Chief Executive Officer is responsible for leading all the departments as well as monitoring their activities, achieving their objectives and controlling their results, for which he/she reports to the President.
The Managing Director or Deputy Managing Director assists the elected members in the performance of their duties. In this capacity, he informs the elected members of the conditions of regularity under which decisions must be taken. He is responsible for their implementation and checks the regularity of all corresponding operations.
The Chief Executive Officer or Deputy Chief Executive Officer is bound by a duty of confidentiality and, in the performance of his/her duties, by the principle of neutrality.
The Chief Executive Officers of regional chambers of commerce and industry and CCI France are responsible for ensuring the safety and health protection of the staff under their authority. They ensure compliance with health and safety rules.
The general managers of regional chambers of commerce and industry may delegate their health and safety powers to the general managers of territorial chambers of commerce and industry or to delegate general managers. The persons to whom these powers are delegated may themselves sub-delegate them to persons with the skills, authority and resources required to exercise the responsibilities concerned. Sub-delegation shall take place at a level of responsibility allowing sufficient decision-making autonomy in matters of health and safety.
In the event of a vacancy in the post of Chief Executive Officer, and pending the actual replacement, the President of the regional chamber of commerce and industry may appoint an employee of his chamber on an interim basis to perform these duties. The total duration of this interim appointment, including any renewal, may not exceed one year.
In this case, the opinion of the President of CCI France is not required and the acting Director General does not benefit, where applicable, from the special provisions provided for pursuant to 6° of Article L. 711-16.
A general manager may, if circumstances so justify, hold office in both a regional chamber of commerce and industry and a territorial chamber of commerce and industry or in several territorial chambers of commerce and industry attached to the same regional chamber of commerce and industry.
II-The appointment or termination, at the initiative of the employer, of the employment relationship of a general manager occurs:
1° For CCI France, by decision of the president, after consultation of the bureau;
2° For a regional chamber of commerce and industry, by decision of the president, after consultation of the bureau and opinion of the president of CCI France;
3° For a territorial chamber of commerce and industry:
a) With regard to appointment, on a decision by its president, after consultation with the bureau, on the assent of the president of the regional chamber of commerce and industry, and the opinion of the president of CCI France;
b) With regard to termination of the employment relationship, on a reasoned proposal by its president, after consultation with the bureau, on the opinion of the president of CCI France, by decision of the president of the regional chamber of commerce and industry.
III.-The president of the regional chamber of commerce and industry sends the request for an opinion to the president of CCI France, in writing, accompanied by:
1° In the case of an appointment: the contact details and profile of the successful candidate, as well as the essential elements of the proposed employment relationship, particularly in terms of remuneration;
2° In the case of a termination of the employment relationship: the reasons justifying it and the conditions for compensating the person concerned.
Within fifteen working days of receipt of this request, the President of CCI France communicates, in writing, his reasoned opinion to the President of the regional chamber, after, if necessary, an interview with the interested party. Any request for clarification interrupts the deadline. Once this period has expired, the opinion is deemed to have been obtained.
