Initial situation
On one hand, 2 plenary meetings are required by the French Labour Code, L1233-39 article to study the project of the Board and if the Work’s Council doesn’t want to be assisted by a Chartered Accountant:
On the other hand, 3 plenary meetings are required by the French Labour Code, L1233-35 article if the Work’s Council wants to be assisted by a Chartered Accountant:
- During the first meeting, they take this decision and name an Expert. At the same time, it starts the procedure and the Board introduces its project.
- The second meeting takes place between the 20th and the 22nd days after the first one. The Works’ Council listens and takes in account the conclusions of the Expert.
- The third meeting depends on the number of employees and potential redundancies and takes place between the 14th and 28th days after the second one. It is often called consultation meeting because the Work’s Council must give its advice about the project. Considering that the deadlines are strictly specify in the rules, a preliminary meeting before the consultation meeting, is often organized in order to approve the information forwarded to the Work’s Council and to prepare a schedule of the procedure including potential discussion with Union Organization.
Please click on the following link to see how to process the Protection Plan of Employment schedule
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Besides, a Protection Plan of Employment (see in the French Labour Code, procedure named book III as the old version), is generally included in the implementaion of a new organization of the company (see in the French Labour Code, procedure named Book IV, L432-1 article old version corresponding to L2323-6 and L2323-15 articles in the new version).
The law about social cohesion (n°2005-32 of 18th January 2005, called «Borloo Law»), confirms the possibility (without requirement) to monitor together the 2 consultation procedures of the Work’s Council.
Finally, the same law n°2005-32 included a new article in the French Labour Code (L320-3 detailed in L1233-21to 24 articles in the new version) which described how to inform and consult the Work’s Council respecting the rules of the Books III and IV, thanks company, group or subsidiary agreements (also called agreement on the process).
Naming procedure of the Chartered Accountant
1. PREREQUISITE
As soon as the Work’s Council is informed that a Protection Plan of Employment is projected (that is to say sometimes before including this information in the agenda of a Work’s Council meeting), they have to contact ETHIX. Indeed, challenges and deadlines require quick reaction. Thus, we study together the economical and social environment to evaluate the means of our assistance. Your attempts can be collected in a letter of commitments.
2. MENTION IN THE AGENDA OF THE WORK'S COUNCIL MEETING
According to the rules, the naming of ETHIX can only be made during the first meeting.
In other words, if a preliminary meeting is organized before the consultation procedure, the Board generally agree that the naming could be effective during this meeting.
For instance: Point of the agenda: "Naming procedure of a Chartered Accountant in charge of assistance of the Work’s Council as mentioned in the French Labour Code, L1233-34 and L2325-35 articles."
3. NAMING DURING THE PLENARY MEETING OF THE WORK'S COUNCIL
During the plenary meeting, the Work’s Council discusses and approves the choice of an Expert. As it is the case for other processes, 2 stages must be fulfilled:
These discussions are restored as a decision in the minutes of the meeting.
For instance:
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Decision 1: "The Work’s Council decides to be assisted by a Chartered Accountant for the analysis of Protection Plan of Employment as mentioned in L1233-34 and L2325-35 articles."
This decision is approved by the majority of votes.
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Decision 2: "The Work’s Council names ETHIX to assist them in the analysis of Protection Plan of Employment."
This decision is approved by the majority of votes.
Regarding the deadlines to be met by the Expert to restore its work (3 weeks between the 1rst and the 2nd meeting), the Secretary of the Work’s Council must inform us as soon as possible about their decision.
4. START OF THE ASSISTANCE
After reception of our naming, we send 2 letters:
- one letter of commitments to the Works’ Council secretary, including the layout of the work planning, the content, and the stages of the assistance, as well as estimated costs;
- one letter to the Work’s Council President, asking for people we have to meet and the first necessary documents.
The sending of a letter of commitments is the official start of our work. Then, the operational process could begin.
5. ASSISTANCE STAGES
We are used to keeping the representatives informed and consulting them as much as necessary through regular contacts. We can restore our analysis to the representatives through written and spoken means (summarization report and further documents) in order they take it as their own.
The Chartered Accountant attends to the plenary meeting.
On this occasion, we think that the discussions must essentially be driven by the Board and the representatives.
During the process of mass redundancy for economical reason, ETHIX attitude consists of widening the scopes favourable to action and discussion. In this aim, we analyse:
- economical well founded of the projected measures;
- accuracy of looking-forward organizations;
- adjustment of social measures to the situation.
> Please read section Legal framework Protection Plan of Employment.
> Please read section Fields of expertise Protection Plan of Employment.
Naming procedures