Workers' Representatives Convention, 1971 (No. 135) - France (Ratification: 1972)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the observations of the French Confederation of Management (CFE-CGC), received on 6 October 2023, and the Government’s reply, received on 3 November 2023. With regard to the concerns expressed by the CFE-CGC in relation to protection against discrimination on grounds of trade union activities, the Committee refers to its comments concerning the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Legislative developments. The Committee notes the information provided by the Government on the principal developments regarding the right of representation of elected or appointed personnel since its last examination of the application of the Convention, namely: (i) the Act on social dialogue and employment (the “Rebsamen” Act of 2015), which developed the possibility for enterprises to merge their staff representation bodies; (ii) Act No. 2016-1088 of 8 August 2016 on labour, the modernization of social dialogue and greater security for vocational careers (the Labour Act), under which new rights have been granted in various areas (for example relating to the exercise of the right to organize, increased time for delegations, facilitated Internet access, and so on); and (iii) Ordinance No. 2017-1386 of 22 September 2017 on the new organization of social and economic dialogue in the enterprise (the Social Dialogue Ordinance), which has merged the various personnel representative bodies (staff delegate, enterprise committee and health, safety and conditions of work committee) into a single body known as the “social and economic committee” (CSE), which is compulsory in enterprises with at least 11 employees.

Article 2 of the Convention. Facilities afforded in the enterprise. The Committee notes the CFE-CGC’s view that one of the effects of the merger of staff representative bodies as a result of the 2017 reform has been to transform the members of the social and economic committee into “super elected representatives”, leading to them being more distanced from the workplace, as emphasized in the 2021 report of the committee for the evaluation of labour ordinances. The CFE-CGC considers that, for workers’ representatives to be able to fulfil their functions rapidly and effectively, in accordance with the Convention, it is necessary, among other conditions, for the number of representatives to be sufficient in proportion to the workforce in the enterprise in which they operate. The Committee notes the CFE-CGC’s view in this respect that the creation of the social and economic committee in place of the various bodies that existed previously has resulted in both a decrease in the number of representatives and in the time for representation, irrespective of the size of the enterprise. The Committee notes the Government’s indication that the Act leaves a broad margin for manoeuvre for the actors at the enterprise level to establish the new manner of organizing social dialogue so that issues of health, safety and conditions of work can be raised at the most strategic level in the enterprise. The Government admits that the 2021 report of the committee for the evaluation of labour ordinances points to difficulties in the application of the new system, partly related to the continuing adaptation in their implementation, but observes that it also reports progress in the sharing of the information made available to elected representatives and less compartmentalized discussions which gain in terms of coordination. Moreover, in the context of the health crisis, the Government notes that the subjects of occupational safety and health have taken on renewed importance in the social and economic committee and employees appear to have a fairly positive perception of the operation of social dialogue. Noting the differing positions of the representative organization and the Government on this subject, the Committee requests the Government to: (i) evaluate with the representative social partners the effects of the implementation of the single workers’ representation system resulting from the 2017 reform with a view to identifying any adjustments that may be necessary to ensure the full application of the Convention; and (ii) continue to provide information on the application of the reform in practice, particularly in relation to the facilities afforded within the enterprise and as a function of its size. The Committee requests the Government to report any developments in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information in the Government's report and the observations dated 29 December 1994 provided by the French Democratic Confederation of Labour (CFDT).

The Government points out that legislative and regulatory texts have recently been adopted to extend and reinforce the obligation to inform and consult staff representatives in the event of termination of employment for economic reasons, and to harmonize representation and adapt the institutions representing staff in small and medium-sized enterprises. The Government states in conclusion that France's legislation on workers' representatives is among the best and recalls that any impairment of the functions or administrative procedure to terminate the employment of workers who are protected under the representative institutions of workers constitutes a serious penal offence.

In its observations the CFDT indicates that the recent legislative amendments restrict the rights of workers' representatives and the facilities that should be granted to them. In its view, these provisions were adopted without a proper parliamentary debate, in order to reduce the costs incurred by staff representation and without any solutions being sought which would ensure proper representation of employees in small enterprises. The CFDT adds that in order for the designation of a trade union representative to be valid, the courts require the trade union organization to inform the employer of the identity of its members in the enterprise, leading to a possible risk of repression of the union. It also points out that a considerable increase in the number of dismissals of staff representatives has been recorded.

The Committee draws the Government's attention to the need to ensure that national practice is in compliance with the requirements of Article 1 of the Convention and in particular that workers' representatives are effectively protected against any act prejudicial to them.

With regard to the facilities that should be afforded to workers' representatives in the enterprise, the Committee considers that, since Article 2 of the Convention is so drafted as to allow some flexibility with regard to these facilities, the present system is not at variance with the requirements of the Convention. However, the Committee stresses the importance of consulting employers' and workers' organizations when legislative amendments are adopted which affect the application of the Convention.