On April 22 the French government proposed a new law to simplify employee representation.

The law proposes:

  • for companies with fewer than 11 employees (which currently have no obligation to put in place any employee representatives), the creation of regional commissions comprising 10 employee representatives and 10 employer representatives, providing employees with representation outside the company;
  • for companies with 11 to 300 employees, the creation of a unified employee representative body which will meet every two months and will incorporate all other employee representative bodies (eg, works councils, personnel delegates, trade union representatives and health and safety committees);
  • for companies with more than 300 employees, the option for all employee representatives – excluding trade unions – to group together in one body;
  • reducing the number of obligatory subjects for consultation with employees from 17 to three. The remaining subjects would be:
    • strategic direction;
    • social policy; and
    • the economic situation of the business;
  • the option of reducing, by mutual consent, the number of required annual meetings (there are currently six); and
  • simplifying the annual consultation on pay and optionally reducing its frequency.

The proposals will be put to vote in July 2015.

For further information on this topic please contact Emma Röhsler at Herbert Smith Freehills LLP by telephone (+33 1 53 57 70 70) or email (emma.rohsler@hsf.com). The Herbert Smith Freehills LLP website can be accessed at www.herbertsmithfreehills.com.

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