The timeline for consulting the works council on the strategic orientation doesn’t begin if the database has not been provided
Published on :
26/04/2018
26
April
Apr
04
2018
When the law provides for the communication of certain documents to the staff representatives in order to obtain their opinion on a matter, the consultation period only runs as of this communication. This is the case of the economic and social database, which is the basis for preparing the works council’s consultations. As long as it has not been made available to the works council, the consultation period does not run. The committee is no longer locked in a time window to decide. The Court of Cassation has ruled this in relation to one of the periodic consultations of the works council (the consultation on the strategic orientations), but this solution is applicable to all the consultations of this body.
It is therefore important for French-based companies to update the database regularly and to ensure that staff representatives are informed of this update.
History
-
Upcoming reform in the employee savings: mesures to develop employee savings in small and medium-sized companies will be presented by the government mid-June. The draft law will then be submitted to parliament.
Published on : 15/06/2018 15 June Jun 06 2018NewsA bill to promote the growth of employee savings plans should be presented to...
-
Mobile employees : the home-client commute is not paid as working time
Published on : 15/06/2018 15 June Jun 06 2018NewsIn 2015, the Court of Justice of the European Union considered that in the ab...
-
Gender equality : 15 measures announced by the government
Published on : 16/05/2018 16 May May 05 2018NewsAfter consulting the social partners on issues of equal pay and gender violen...
-
A part time employee’s working time cannot vary greatly over the course of the year in the absence of an agreement
Published on : 15/05/2018 15 May May 05 2018NewsWhen the employee works part-time, their contract must mention the weekly or...
-
The timeline for consulting the works council on the strategic orientation doesn’t begin if the database has not been provided
Published on : 26/04/2018 26 April Apr 04 2018NewsWhen the law provides for the communication of certain documents to the staff...
-
New Legislation | In brief: Macron’s reform deemed constitutional by the Conseil Constitutionnel
Published on : 06/04/2018 06 April Apr 04 2018NewsPresident Macron’s rewriting of the French labour code has entered a decisive...
-
Looking forward | Coming Soon: Data Protection Charters
Published on : 06/04/2018 06 April Apr 04 2018NewsIn May 2018, new European regulations on the protection of personal data will...
-
New Legislation | In depth look: Collective Mutually Agreed Terminations: an alternative to the PSE?
Published on : 06/04/2018 06 April Apr 04 2018NewsThe Macron reform introduces a new character onto the stage of French employm...
-
Recent case law | Profit-Sharing rules
Published on : 06/04/2018 06 April Apr 04 2018NewsSalary is not the only remuneration that employees can receive. Profit sh...
-
Recent case law | Employers and their Employee’s Facebook
Published on : 06/04/2018 06 April Apr 04 2018NewsThe employer's use of information available on social networks is fueling inc...