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Order No. 2005-44 Of 20 January 2005 Relating To Labor Law, Employment And Vocational Training In Mayotte

Original Language Title: Ordonnance n° 2005-44 du 20 janvier 2005 relative au droit du travail, de l'emploi et de la formation professionnelle à Mayotte

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Summary

Order ratified by article 20 of Act No. 2007-224 of 21 February 2007.

Keywords

OUTSEA , ARTICLE 38 , LABOR LAW , EMPLOYMENT , VOCATIONAL TRAINING , MAYOTTE , JOB CODE , MODERNIZATION , FOUNDATION , PROGRAM , MEASURE , DEPARTEMENT , MATIERE , DISPOSITION , DIALOG , GOVERNMENT , CARACTERISTICS , ENTERPRISE , REPRESENTANT , ORDER. , RATIFICATION

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JORF No. 18 of 22 January 2005 Page 1207
Text No. 43


ORDER
Order No. 2005-44 of 20 January 2005 on the right to work, employment and vocational training in Mayotte

NOR: DOMX0400264R ELI: http://www.legifrance.gouv.fr/eli/ordonnance/2005/1/20/DOMX0400264R/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/ordonnance/2005/1/20/2005-44/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Overseas Minister,
Given the Constitution, in particular Articles 38 and 74;
Given the code of the Work applicable to Mayotte;
Given the code of education;
In view of Act No. 52-1322 of 15 December 1952, as amended establishing a Labour Code in the associated territories and territories under the Ministry of Overseas France;
Seen Act No. 2001-616 of 11 July 2001 on Mayotte;
In view of Act No. 2003-660 of 21 July 2003 for overseas programmes, in particular Article 62;
In view of Act No. 2004-391 of 4 May 2004 on vocational training throughout Life and social dialogue, in particular Article 55;
Having regard to Order No. 91-246 of 25 February 1991 on the Labour Code applicable to Mayotte, in particular Article 2;
Having regard to Order No. 2000-373 of 26 April 2000 on conditions Foreigners' entry and stay in Mayotte;
Seeing the Referral to the General Council of Mayotte on December 7, 2004;
The Council of State heard;
The Council of Ministers heard,
Ordonne:

  • Chapter I: General Article 1


    I. -Article L. 000-1 of the Labour Code applicable to Mayotte, it is added, after the fourth paragraph, the following paragraphs:
    Nor does it apply to the employment contract of employees of undertakings established in the metropolitan or overseas departments or in the Member States of the Union European sent to Mayotte by the latter in the framework of the provision of services for a period not exceeding 24 months.
    " Subject to the provisions of this Article, any employment contract concluded for execution in Mayotte shall be Subject to the provisions of this Code, irrespective of the place of its conclusion and the place of residence or place of the registered office of any of the parties
    The provisions of this Code shall not affect the provisions of the contracts More favourable employment for employees to the extent that they are not contrary to the public policy provisions of this
    . Any jurisdiction clause included in a contract of employment shall be null or void. "
    II. -Article L. 121-3 is repealed.

    Article 2


    It is added to the preliminary book of the same code two articles thus written:
    " Art. L. 000-3. -By way of derogation from the provisions of the 4 ° and 5 ° of Article 3 of Act No. 2001-616 of 11 July 2001 on Mayotte, the criminal sanctions and the provisions of criminal procedure contained in the Labour Code applicable in the departments of Metropolitan and overseas do not find effect in Mayotte.
    " Art. L. 000-4. -For offer of employment, employment and labour relations, cannot be taken into account: origin, civil status, sex, morals, sexual orientation, age, pregnancy, family status, characteristics Genetic, belonging or non-belonging, true or assumed, to an ethnic group, nation or race, political opinions, union or mutual activities, religious beliefs, physical appearance, patronymic or, except Inability identified by the physician in charge of occupational health surveillance, health status or disability.
    " Any provision or act contrary to an employee shall be null and void.

  • Chapter II: Work Agreement Article 3


    Articles L. 122-27 and L. 122-28 of the same code are Replaced by the following:
    " Art. L. 122-27. -The employer or his representative who intends to dismiss an employee must, before any decision, summon the person concerned by registered letter or by letter delivered in his own hands against discharge, indicating the purpose of the invitation. Prior maintenance shall not take place less than five working days after the submission of the recommended letter or the proper hand-over of the letter of invitation. In the course of the interview, the employer is required to state the reasons for the proposed decision and to obtain the explanations of the employee
    At this hearing, the employee may be assisted by a person of his or her choice of Company staff. Reference should be made to this option in the letter of invitation provided for in the preceding
    . The provisions of the preceding paragraphs shall not apply in the case of redundancies for economic reasons of ten or more employees in a Even 30 days when there is an enterprise committee or staff delegates in the enterprise.
    " Art. L. 122-27-1. -The employer who decides to lay off an employee must notify the dismissal by registered letter with the request for a notice of receipt or hand-off against discharge; the date of submission of the recommended letter fixes the starting point for the dismissal. Time off.
    " This letter may not be sent less than two working days after the date on which the employee was summoned pursuant to the provisions of Article L. 122-27.
    " However, if the employee is dismissed The letter provided for in the first subparagraph of this Article shall not be available on an economic basis, or if it is included in a collective redundancies in economic order affecting less than ten employees in the same period of thirty days. Be sent less than seven working days from the date on which the employee was summoned pursuant to Article L. 122-27.
    " The provisions of the preceding paragraph shall not apply in the case of recovery or Judicial liquidation.
    " Art. L. 122-28. -The employer is required to state the reason (s) for the dismissal in the letter of termination referred to in Article L. 122-27-1
    Where the dismissal is for economic reasons, the letter of dismissal must state the reasons for the dismissal. Economic or technological change relied on by the employer. In addition, the employer shall, at the employee's written request, inform the employee in writing of the criteria adopted pursuant to Article L. 320-2.
    " Where the dismissal is pronounced on an economic basis, mention must be made in the Letter of dismissal of the priority of rehire provided for in Article L. 320-13 and its conditions of implementation. "

    Article 4


    Title III of Book I of the same Code is thus amended:
    I.-1 ° In the first paragraph of Article L. 132-2, the Words: " And written in French " Are deleted;
    2 ° It is added after item L. 132-2 an article L. 132-2-1 thus written:
    " Art. L. 132-2-1. -Collective labour agreements and agreements and business or establishment agreements must be drafted in French. Any provision drafted in another language is unenforceable against the employee to whom it would adversely affect. "
    II. -After Article L. 132-5 a Article L. 132-5-1 reads as follows: '
    ' Art. L. 132-5-1. -The applicable collective agreement is the one to which the principal activity carried out by the employer falls. In the event of a competition of activities making the application of this criterion uncertain for the attachment of a business to a conventional field, collective agreements and professional agreements may, by means of reciprocal and nature clauses Shall provide for the conditions under which the undertaking shall determine the conventions and agreements applicable to it. "
    III. -Are added after the first subparagraph of Article L. 132-7 two sub-paragraphs thus drafted:
    " Trade unions representing representative employees within the meaning of Article L. 132-2 who are signatories to a collective agreement or collective agreement Or who have acceded to it in accordance with the provisions of Article L. 132-9 shall have the sole authority to sign, in the conditions referred to in Article L. 132-2-2, the amendments to this Convention or this Agreement.
    " The rider Reviewing all or part of the collective agreement or collective agreement as a substitute for the provisions of the Convention or the agreement which it modifies and is enforceable, in accordance with the conditions laid down in Article L. 132-10, to the whole of Employers and employees bound by the collective agreement or collective agreement. "
    IV. -Article L. 132-12 is supplemented by the following paragraphs:
    " The organisations referred to in the first subparagraph shall meet to negotiate every three years on measures to ensure professional equality between women and men and On catch-up measures to address the inequalities noted. The negotiation shall include the following:
    " (a) The conditions for access to employment, training and promotion;
    " (b) Working and employment
    . Negotiation on professional equality Takes place on the basis of a report presenting the comparative situation of men and women in these fields and on the basis of relevant indicators, based on quantified elements, for each sector of activity. "
    V.-At the end of Chapter II, an article L. 132-26 reads as follows:
    " Art. L. 132-26. -Joint professional or interprofessional committees may be established by agreement in accordance with the conditions laid down in Article L. 132-2
    These joint committees:
    " 1 ° Concurrent to development and implementation Collective labour agreements and agreements, including inter-professional agreements, negotiate and conclude agreements of local interest, including employment and training;
    " 2. Review individual claims and disputes, and Communities born of the interpretation or application of collective labour agreements and agreements;
    3 ° Examines any other matter relating to the terms and conditions of employment and employment of interested
    . Agreements referred to in the first Rules for the exercise of the right to be absent, to compensate for the loss of wages or to maintain them, as well as to compensation for the costs of travel of employees who are called to participate in the negotiations, as well as Joint Committee meetings. These agreements also lay down the arrangements for protection against dismissal of the employees who are members of these committees and the conditions under which they enjoy the protection provided for in Chapter V of Title III of the book IV concerning the dismissal of the staff delegates. "
    VI. -At the end of Section 1 of Chapter III, it is added a Article L. 133-2-1 as follows: '
    ' Art. L. 133-2-1. -I.-The branch agreement concluded at the level of the Community of Mayotte necessarily contains, in order to be extended, in addition to the provisions laid down in Articles L. 132-5 and L. 132-7, provisions concerning:
    " 1 ° The exercise of the right Union and the freedom of opinion of employees, the career of employees exercising union responsibilities and the exercise of their duties;
    " 2 ° Delegates of staff, works councils and financing of the Social and cultural activities managed by those committees;
    " 3 ° Essential elements for the determination of occupational classifications and qualification levels, in particular references to professional diplomas Or their equivalents, provided that these degrees have been created for more than one year;
    " 4. The elements listed below of the salary applicable by occupational categories, as well as the procedures and the periodicity laid down for its Reviewing:
    " (a) Professional minimum wage for employees without qualification;
    " (b) The hierarchical coefficients for the various professional qualifications;
    " (c) Increases for hard work, physically or Nerve, dangerous, unhealthy;
    " (d) Application of the principle " Equal work, equal pay " And the procedures for the resolution of the difficulties which may arise in this regard, taking into account, in particular, the situations revealed by The application of the second paragraph of Article L. 132-12;
    5 ° Leave with pay;
    " 6 ° The conditions for the hiring of employees, without prejudice to the free choice of the union by employees;
    " 7 ° Conditions for the termination of employment contracts, in particular on the discharge and termination indemnity;
    " 8 ° Organisation and operating procedures, apprenticeship, vocational training and training Permanent in the context of the branch concerned, including special arrangements for persons with disabilities;
    " 9 ° Professional equality between women and men and remedial measures to redress inequalities Found. These measures shall apply in particular to access to employment, vocational training and promotion and working and employment conditions;
    " 10 ° Equal treatment between employees, irrespective of their civil status, their membership in An ethnic group, a nation or a race, including access to employment, training, professional promotion and working conditions;
    " 11 ° The conditions for the realization of the right to work of all persons with disabilities in Status of occupation;
    " 12 ° As needed in branch:
    " (a) The special working conditions of pregnant or breastfeeding women and young people;
    (b) Terms and conditions of employment and remuneration of staff at Part-time;
    " (c) The terms and conditions of employment and remuneration of workers at home;
    (d) Guarantees of employees to carry on business outside Mayotte;
    " (e) Conditions of employment of employees of undertakings External;
    " (f) The conditions under which the employee (s), who are the authors of an invention vested in the employer under Article L. 611-7 of the Intellectual Property Code, receive additional remuneration;
    " 13 ° Conventional conciliation procedures to resolve the collective labour disputes that may arise between employers and employees bound by the agreement;
    " 14 ° Access to a system of Sickness benefit;
    " 15 ° The arrangements for taking account in the branch or undertaking of the applications relating to the negotiating themes arising from a representative employee trade union (s).
    ' II. -The extended branch agreement may also contain, without this enumeration being exhaustive, provisions concerning:
    " 1 ° Job-specific conditions:
    " (a) Overtime;
    " (b) Work By rotation;
    " (c) Night work;
    " (d) Sunday's work;
    " (e) Public holidays;
    " 2 ° General terms and conditions of performance pay for the categories concerned, except in the case of work Dangerous, arduous or unhealthy;
    " 3 ° Long service and attendance premiums;
    " 4 ° Allowances for professional or similar expenses, including travel allowances;
    " 5 ° Conventional arbitration procedures Where collective labour disputes that may arise between employers and employees bound by the Convention may or may be resolved;
    " 6 ° Conditions for the exercise of mutual responsibilities. "
    VII. Article L. 135-7 reads as follows:
    " Art. L. 135-7. -I.-The terms and conditions of information of employees and staff representatives on the standard law applicable in the undertaking and the establishment shall be defined by branch agreement, professional agreement or, failing that, interprofessional. If they do not specify these conditions of information, the terms defined in II shall apply.
    " II. -The employer bound by a collective agreement or collective agreement shall provide a copy of this text to the works council and to the staff
    . In addition, the Employer shall keep an up-to-date copy of this Agreement, Agreement Professional or inter-professional collective by which it is linked to the arrangement of staff in the workplace. A notice is displayed on this topic.
    " In undertakings with an intranet, the employer shall make available to employees an up-to-date copy of the agreement or collective agreement of work by which it is linked. "

    Article 5


    In Title V of Book I of the same Code, a Chapter VII written as follows:


    " Chapter VII



    "Corruption and Trade Secrets Violation


    " Art. L. 157-1. -The fact, for any director or employee of a business of soliciting or aggregating, directly or indirectly, without the knowledge and consent of his employer, offers or promises, gifts, gifts, discounts or bonuses to fulfil or To refrain from performing an act of its function or facilitated by its function shall be punished by two years' imprisonment and a fine of 30 000 EUR.
    " The same penalties shall be imposed on the person to assign to the solicitations defined in the preceding paragraph Or take the initiative.
    " In the cases provided for in this Article, the Court may also impose, as a supplementary penalty, for a period of up to five years, the prohibition of civil, civil and family rights under Article 131-26 of the Penal Code.
    " Art. L. 157-2. -The fact, for any director or employee of a company to reveal or attempt to reveal a trade secret, is punishable by two years' imprisonment and a fine of EUR 30
    . The court may also pronounce, as a punishment The prohibition of civil, civil and family rights provided for in Article 131-26 of the Criminal Code for a period of up to five years.

  • Chapter III: Regulation of Work Article 6


    It is added at the end of Section 1 of Chapter II Book II of the same code an article L. 212-4-1 thus written:
    " Art. L. 212-4-1. -Employees whose working hours are less than the legal duration of the work or to that duration applied to the month or year, or, when necessary, to the conventional duration or to the duration of the work, shall be considered part-time employees. Applicable job in institution.
    " Part-time employees shall be entitled to the rights granted to full-time employees by law and, subject to the specific arrangements provided for by them, by collective agreements and agreements Interprofessional, branch, business or institutional. "

    Item 7


    Section 1 of Chapter III of Book I of the Code is replaced by the following:


    "Section 1



    " General


    " Art. L. 213-1. -The use of night work must be exceptional. It must take into account the requirements for the protection of the safety and health of employees and must be justified by the need to ensure the continuity of economic activity or social
    . The installation in a Or an establishment of night work within the meaning of Article L. 213-3 or its extension to new categories of employees shall be subject to the prior conclusion of an extended collective agreement or agreement or an agreement Business or establishment.
    " This collective agreement shall contain the justifications for the use of night work referred to in the first
    . Art. L. 213-2. -Any work between 20 hours and 5 hours is considered night work.
    " Another period of nine consecutive hours, between 19 hours and 6 hours but including, in any event, the interval between 24 hours and 5 Hours, may be substituted for the period referred to in the first subparagraph by an extended collective agreement or agreement or an enterprise or establishment agreement. In the absence of an agreement and where the specific characteristics of the activity of the undertaking so justify, such substitution may be authorised by the labour inspector after the opinion of the works council or of the staff representatives if they Exist.
    " Art. L. 213-3. -Is an employee at night any employee who:
    " 1 ° does, at least twice a week, according to his normal working hours, at least three hours of his daily working hours during the period laid down in Article L. 213-2;
    " 2 ° In the course of a reference period, a minimum number of hours of night work within the meaning of Article L. 213-2
    The minimum number of hours of night work and the reference period mentioned in the 2 ° shall be fixed by agreement Extended collective agreement or, failing that, by decree in the Council of State taken after consulting the Labour Advisory Committee provided for in Article L. 420-1.
    " Art. L. 213-4. -The daily duration of work performed by an employee at night shall not exceed eight hours
    It may be derogated from the provisions of the preceding paragraph by an extended collective agreement or collective agreement or by agreement or agreement. Establishment, under conditions laid down by decree in the Council of State. It may also be derogated from the provisions of the same paragraph in exceptional circumstances, on the authorisation of the labour inspector given after the opinion of the works council or of the staff representatives if they exist, in accordance with procedures Fixed by the order referred to in this paragraph.
    " The weekly working hours of employees at night, calculated over any period of twelve consecutive weeks, shall not exceed 40 hours. An agreement or an extended branch agreement or an agreement or an enterprise or establishment agreement may extend this limit to forty-four hours when the characteristics of an industry's activity warrant it. An order of the State representative in Mayotte may set out the list of sectors for which the duration is fixed between forty and forty-four hours
    Art. L. 213-5. -Night employees shall be entitled to counterparties in respect of the night periods during which they are occupied as compensatory rest and, where appropriate, in the form of wage
    . The collective agreement or agreement Referred to in Article L. 213-1 provide for such counterparties. The collective agreement or agreement also provides for measures to improve the working conditions of employees, to facilitate the articulation of their nocturnal activity with the exercise of family and social responsibilities, in particular by In relation to means of transport, and to ensure professional equality between women and men, in particular through access to training. The collective agreement or agreement also provides for the organization of pause times.
    " By way of derogation from Article L. 213-1, in the absence of a collective agreement or collective agreement, provided that the employer has seriously and loyally engaged in Negotiations leading to the conclusion of such an agreement, employees may be assigned to night shifts after authorisation by the labour inspector, in particular after verification of the counterparties granted to them under The obligation defined in the first subparagraph above, the existence of pause times and in accordance with arrangements laid down by decree in the Council of
    . Art. L. 213-5-1. -Employees at night within the meaning of Article L. 213-3 who wish to occupy or resume a day shift and employees occupying a day position who wish to occupy or resume a night shift in the same establishment or, failing that, in the same Enterprises shall have priority for the assignment of employment to their occupational category or equivalent employment. The employer shall bring to the knowledge of these employees the list of available jobs.
    " Art. L. 213-5-2. -Where night work is incompatible with imperial family obligations, in particular with the care of a child or the care of a dependent person, the employee may request his or her assignment on a day
    . Art. L. 213-5-3. -Where night work is incompatible with overriding family obligations, in particular with the care of a child or the care of a dependent person, the employee may refuse to accept the change without such refusal. Fault or reason for termination of employment.
    " Art. L. 213-5-4. -Any employee at night shall be entitled, prior to his assignment to a night shift and at regular intervals of not more than six months thereafter, to special medical supervision, the conditions of which shall be determined by Order in Council of State.
    " The employee at night, when his condition of health, as determined by the occupational doctor, requires him to be transferred on a final or temporary basis to a day position corresponding to his or her qualifications and as comparable as Possible to previously occupied job.
    " The employer shall not declare a breach of the contract of employment of the employee at night because of his inability to work for night work within the meaning of Articles L. 213-2 and L. 213-3, unless he Justifies in writing either the impossibility of proposing a position under the conditions laid down in the preceding paragraph, or the refusal of the employee to accept the proposed position under those conditions
    These provisions apply Without prejudice to the prerogatives granted to the working doctor by Article L. 240-4.
    " The occupational physician shall be consulted before any major decisions relating to the establishment or modification of the organisation of night work are taken. The conditions for the application of this consultation shall be determined by decree in the Council of State. "

    Article 8


    It is inserted after Chapter IV of Title II of Book II of the same code, a Chapter V thus written:


    "Chapter V



    " Unpaid leave

    • Section 1: Economic, social, and union training leave


      " Art. L. 225-1. -Employees wishing to participate in traineeships or sessions of economic, social, trade union training or of organised social dialogue, or by centres attached to recognised employees' trade unions Representative within the meaning of Article L. 412-3, or by specialised institutes, shall have the right, on request, to one or more
      . Training on social dialogue can also be organised by the Directorate of Labour, Employment and vocational training.
      " The total length of leave taken in the year by an employee shall not exceed twelve days. It may not exceed eighteen days for the facilitators of the traineeships and sessions and for employees called to exercise union responsibilities.
      " The duration of each leave cannot be less than two days.
      " The total number of days Leave likely to be taken each year by all employees of the establishment in respect of the training provided for in the preceding paragraphs and in Article L. 444-9 shall not exceed a maximum fixed by the representative of the State at Mayotte based on establishment strength.
      " This order also sets out, taking into account the establishment's strength, the maximum number of days of leave which may be used by the moderators and by the employees who are required to exercise Union responsibilities, as well as the maximum percentage of employees who may be absent at the same time as leave under this
      . Applicants for employment may participate in the traineeships referred to in the first paragraph of this Article within the limit of twelve and eighteen days per year for employees.
      " Art. L. 225-2. -The duration of the leave or leave referred to in Article L. 225-1 shall be assimilated to an effective working time for the determination of the duration of paid leave, entitlement to social insurance benefits and family benefits as well as for the whole Other rights resulting from the contracting party.
      " Art. L. 225-3. -The leave shall be entitled, within the limits laid down in Article L. 225-1, except where the employer considers, after the assent of the Works Council or, if it does not exist, of staff delegates, that such absence may have Detrimental to the production and smooth running of the business.
      " The refusal of leave by the employer must be justified.
      " In the event of a dispute, the employer's refusal may be directly challenged before the labour court Which is seized and finally disposed of, in the form applicable to the interlocutory.
      " Art. L. 225-4. -Collective labour agreements or agreements may:
      " (a) Contain more favourable provisions than those set out above, in particular with regard to remuneration;
      " (b) Specify the periods of leave that are best suited to Requirements of each profession;
      " (c) Set up the arrangements for the financing of the training provided for in Article L. 225-1 to cover educational costs as well as the costs of compensation for travel and accommodation costs Trainees and facilitators;
      " (d) Define friendly procedures to address the difficulties that may arise in the application of the above
      . Collective agreements and agreements may provide for the creation of Mutual funds with a view to ensuring the remuneration of leave and the financing of training provided for in Article L. 225-1.
      " Establishment agreements may set the allocation of leave by service or by occupational category.


      "Section 2



      " Terms of economic, social and union training
      of employees called to perform union functions


      " Art. L. 225-5. -The training of employees who are called upon to exercise union responsibilities, in particular in economic and social organisations, can be ensured:
      " (a) Directly attached to organizations by specialized centres Most representative trade union within the meaning of Article L. 412-3;
      " (b) by institutes of universities or faculties;
      " (c) For the training provided for in the second subparagraph of Article L. 225-1 by the Directorate of Labour, Employment and vocational training or qualified persons.
      " However, organisations whose total or partial specialisation would be ensured in agreement with trade unions may participate in the training of Employees who are required to exercise union responsibilities. In order to benefit from the provisions of Articles L. 225-6 and L. 225-7 below, they must have received the approval of the Minister responsible for
      . Art. L. 225-6. -The State shall provide financial assistance for the training of employees as provided for by the centres, institutes and bodies mentioned in the preceding Article. This assistance may also be provided by the Directorate of Labour, Employment and Vocational
      . Appropriations are included for this purpose in the budget of the Ministry responsible for
      . Appropriations intended to contribute to the Relevant to the operation of the university or faculty institutes shall also be entered in the budget of the Ministry responsible for national
      . Art. L. 225-7. -In order to benefit from the assistance provided for in the preceding Article, the above-mentioned bodies shall establish pre-internship programmes or sessions specifying, in particular, the subjects taught and the duration of
      . Of conventions To this effect between the bodies referred to in the first subparagraph and in the last paragraph of Article L. 225-5 and the Ministries concerned or the universities, faculties, institutes of university or faculty, provide for the conditions in That this aid is used, in particular for the remuneration of the teaching profession and the granting of scholarships.
      " Art. L. 225-8. -An Order in Council of State shall lay down detailed rules for the application of sections 1 and 2 of this Chapter.


      "Section 3



      " Mutual leave


      " Art. L. 225-9. -The directors of a mutual within the meaning of the provisions of the code of mutuality shall, under the conditions and limits provided for in this Article, be granted leave without pay for training of up to nine working days per
      . The duration of the leave shall be deemed to be an effective working period for the determination of the duration of leave with pay and for all other rights resulting from his contract.
      " The manner of application of the present Article, in particular the conditions under which the list of traineeships or organisations eligible for such leave is drawn up, the rules according to which the maximum number of employees or apprentices who may benefit from the Leave in the course of a year and the conditions under which the employer may, if necessary, postpone the leave, in view of the specific needs of his undertaking, shall be determined by decree in the Council of State.

    • Chapter IV: Hygiene, Safety and Working Conditions Article 9


      Title III of Book II The same code is written:


      "TITLE III



      " HYGIENE, SAFETY AND WORKING CONDITIONS



      " Chapter I



      "General


      " Art. L. 231-1. -Establishments employing workers are subject to the provisions of this Title. Also subject to these provisions are the workshops of public institutions providing technical or vocational education, and establishments where only members of the family are employed under the authority of either the father or the mother, Be the tutor.
      " Art. L. 231-2. -Self-employed persons as well as employers, when operating directly on a construction site, must implement vis-a-vis other persons involved in building and civil engineering operations and themselves The safety and health rules in sections L. 231-7, L. 233-1 and L. 233-7.
      " Art. L. 231-3. -When the procedure for formal notice is laid down in the regulations on hygiene, safety and working conditions, inspectors and labour inspectors, before making minutes, must put the heads The requirement to comply with the requirements of these regulations.
      " By way of derogation from the above rule, inspectors and labour inspectors shall be authorised, without any formal notice, to immediately draw up minutes, without any Prejudice, where appropriate, of the application of Article L. 251-6 where the facts they see present a serious or imminent danger to the physical integrity of workers
      The minutes must explicitly state the circumstances In fact and the applicable legislation or regulations.
      " Art. L. 231-4. -The requests shall be made in accordance with the procedures laid down in Article L. 610-12 and shall be dated and signed. They shall indicate the infringements found and set a time limit at the end of which these offences must have disappeared. This period, which may not be less than four days, shall be fixed taking into account the circumstances, from the minimum established for each case by the decrees made pursuant to this
      . Art. L. 231-5. -The Director of Labour, Employment and Vocational Training, on the report of the labour inspector finding a dangerous situation resulting from an infringement of the provisions of Articles L. 232-1 and L. 233-1, in particular in the case of Where the occupational risk originates in the conditions of the organisation of the work or the layout of the work station, the condition of the traffic surfaces, the state of cleanliness and the order of the work place, the storage of the materials and of the Manufacturing products, may cause the heads of establishment to take all appropriate measures to address them.
      " Such notice shall be made in writing, dated and signed, and shall fix a time limit which shall take into account the difficulties of Realization. If, on the expiry of that period, the labour inspector finds that the dangerous situation has not ceased, he may make a report to the head of establishment. By way of exception to the provisions of Articles L. 251-1 and L. 251-5 the offences thus found shall be punishable by police
      . Art. L. 231-6. -Before the expiry of the period laid down pursuant to Article L. 231-3 or Article L. 231-5 and no later than 15 days after the date of formal notice on the basis of any of those Articles, the head of establishment may Make a complaint to the Minister responsible for employment and employment
      This claim is suspensive. A decision shall be taken within a time limit fixed by
      . The non-communication to the head of establishment of the Minister's decision within the period referred to in the preceding paragraph shall constitute acceptance of the claim. Any refusal by the Minister must be motivated.
      " Art. L. 231-7. -Without prejudice to the application of the other laws and regulations, sellers or distributors of dangerous substances or preparations as well as the heads of the establishments where they are used are required to affix Any container, bag or envelope containing these substances or preparations, a label or an inscription indicating the name and origin of those substances or preparations and the dangers of their use.
      " Containers, bags or envelopes Containing dangerous substances or preparations must be solid and watertight.
      " A joint decree of the Ministers responsible for labour, industry and the environment shall determine the nature of the substances or preparations provided for in the paragraph "Above and the proportion above which their presence in a complex product makes the affixation of the above label or registration mandatory.
      " This order determines the color, tag dimensions, or Entries, the particulars to be shown on them, and the conditions to be met by the receptacles, bags or envelopes containing the said substances, preparations or products
      Any substance or preparation, which Shall not be the subject of an order mentioned in the third subparagraph but shall give rise to the supply of the information referred to in the third paragraph of Article L. 231-8, shall be labelled and packaged by the manufacturer, importer or seller On the basis of that information and the general rules laid down by that order pursuant to the fourth paragraph above.
      " Art. L. 231-8. -In the interests of occupational health and safety, may be limited, regulated or prohibited manufacture, sale, sale, import, transfer in any way and the use of substances and preparations Hazardous for employees.
      " Such limitations, regulations or prohibitions may be established even where the use of such substances or preparations is made by the head of establishment or the self-employed.
      " Before placing on the market, either in the state or in a preparation, for consideration or free of charge, of a chemical which has not been placed on the market of a Member State of the European Communities or of another State Party To the agreement on the European Economic Area before 18 September 1981, any manufacturer or importer must provide to an organisation approved by the Minister responsible for labour the information necessary for the assessment of the risks incurred by employees Likely to be exposed to this substance.
      " Manufacturers, importers or sellers of dangerous substances or preparations intended for use by persons or establishments referred to in Article L. 231-1 Shall, in accordance with the conditions laid down by decree in the Council of State, furnish to an organisation approved by the Minister responsible for labour all the necessary information on such products, in particular their composition, with a view to preventing the Health effects or to respond to any medical request for the treatment of conditions induced by these products, particularly in the event of an emergency. A decree of the Council of State determines the conditions under which information is provided by the recognised organisation, the persons who have access to it and the ways in which the secrets of manufacture are preserved.
      " However, the Previous provisions do not apply:
      " (a) To the importer of a substance from a Member State of the European Communities or another State Party to the Agreement on the European Economic Area, if that substance has been the subject of Placing on the market in accordance with the national rules adopted for the application of the directives of the Council of the European Communities;
      " (b) The manufacturer or importer of certain categories of substances or preparations, defined by Order in Council of State and subject to other reporting procedures. These procedures take into account the risks to workers.
      " The obligation may, in addition, be made to the aforementioned manufacturers, importers and sellers to participate in the conservation and exploitation of such information and Contribute to the resulting expense coverage.
      " On the other hand, the labour inspector may, after the opinion of the occupational doctor, appoint the head of establishment to do so by bodies approved by the Ministry of Labour. Work, analyses of the products referred to in the first subparagraph of this Article, for the purpose of knowing the composition and effects on the human
      . Measures for the implementation of this Article shall be the subject of decrees in the Council of State Under the conditions laid down in Article L. 231-16, such decrees may, inter alia, organise special procedures where there is an urgent need to suspend the marketing or use of dangerous substances and preparations, and provide for Compensation arrangements for employees with conditions caused by these products.
      " Art. L. 231-9. -The employee shall immediately inform the employer or his representative of any work situation on which he or she has reasonable grounds to believe that it poses a serious and imminent danger to his or her life or health, as well as any defects which he finds In protection systems.
      " The employer or his representative may not ask the employee to return to work in a situation where there is a serious and imminent danger resulting from, for example, a malfunction of the system of Protection.
      " Art. L. 231-10. -No sanction, no deduction from wages may be taken against an employee or group of employees who have withdrawn from a work situation of which they had reasonable grounds to believe that it posed a serious danger and Imminent for the life or health of each of them.
      " Art. L. 231-11. Article L. 231-9 must be exercised in such a way that it cannot create for others a new serious and imminent risk situation.
      " Art. L. 231-12. -If a staff representative on the hygiene, safety and working conditions committee finds that there is a cause of serious and imminent danger, in particular through an employee who has withdrawn from the working situation defined at Article L. 231-9 shall immediately notify the employer or its representative and shall record such notice in writing under conditions laid down by regulation. The employer or his or her representative is required to conduct an immediate investigation with the member of the Health, Safety and Working Conditions Committee which has informed him of the danger and to take the necessary steps to remedy the
      . In In cases of disagreement on the reality of the danger or the way in which it is to be stopped, in particular by stoppage of work, machinery or installation, the Committee on Hygiene, Safety and Working Conditions shall be convened as a matter of urgency and, in any event, Within a period not exceeding twenty-four hours. In addition, the employer is required to immediately inform the services of the labour inspectorate and the prevention of the social security fund of Mayotte, whose representatives may attend the meeting of the hygiene, safety and health committee Working conditions.
      " In the absence of an agreement between the employer and the majority of the hygiene, safety and working conditions committee on the measures to be taken and their conditions of performance, the labour inspector shall be seized immediately by The employer or its representative. It shall implement, where appropriate, that of Article L. 231-5, that of Article L. 251-6.
      " Art. L. 231-13. -The head of establishment shall take the measures and give the necessary instructions to enable employees, in the event of a serious, imminent and unavoidable danger, to stop their activity and to secure themselves by immediately leaving the place of Job.
      " Art. L. 231-14. -The measures concerning safety, hygiene and health at work should in no way entail financial burdens for employees.
      " Art. L. 231-15. -Where it finds on a construction site and public works that an employee has not withdrawn from the working situation defined in Article L. 231-9, when there is a cause of serious and imminent danger resulting either from a defect of Protection against falls of height, or the absence of such devices to avoid the risks of burial constituting an infringement of the obligations of the decrees made pursuant to Article L. 231-16, the labour inspector or the Supervisor of the labour force, by delegation of the labour inspector under his or her authority, may take all necessary measures to immediately remove the employee from this situation, in particular by prescribing the temporary cessation of the Part of the jobs in question.
      " When all measures have been taken to stop the serious and imminent danger situation or the dangerous situation, the employer or its representative shall notify the labour inspector or the controller of the Job. After verification, the Labour Inspector or the Labour Controller, by delegation of the labour inspector under his or her authority, authorizes the resumption of the work or activity concerned.
      " In case of dispute by The employer of the reality of the danger or of the way in which it is to be stopped, in particular by the termination of the proceedings, the latter shall refer the matter to the President of the Court of First Instance, who shall act in interim
      . A decree in the Council of State determines the modalities Application of this section.
      " Art. L. 231-16. -Decrees in the Council of State shall determine the measures necessary for the application of the protection and safety rules provided for in this Chapter. In particular, they determine:
      " 1 ° General protection and safety measures applicable to all taxable establishments, in particular with regard to lighting, aeration or ventilation, drinking water, pit privies, Evacuation of dust and fumes, fire precautions, staff sleeping, and
      " 2. As the requirements are met, the specific requirements relating either to certain professions, or to Some work modes.
      " These Orders are taken after the advice of the Labour Advisory Commission under Article L. 420-1.


      "Chapter II



      " Hygiene


      " Art. L. 232-1. -Institutions and premises where employees are employed shall be kept in a constant state of cleanliness and shall present the necessary hygiene and safety conditions for the health of the
      . Art. L. 232-2. -No person shall introduce or distribute and to any head of establishment, director, manager, servant, foreman, site manager and, in general, any person who has authority over employees, to allow entry or To be distributed in the premises and premises referred to in Article L. 231-1, for consumption by staff, all alcoholic
      . No head of establishment, manager, manager, servant, foreman, chief And, in general, to any person having authority over employees, to allow entry or stay in the same establishments of persons with drunkenness.
      " In industrial and commercial enterprises, conventions or Collective labour agreements or individual contracts of employment may not include provisions providing for the award of alcoholic beverages to employees as an advantage in
      . The provisions of this Article shall not Do not apply to beverages served during meals that constitute an advantage in kind.


      "Chapter III



      " Security


      " Art. L. 233-1. -Institutions, premises, construction sites and, more generally, all work sites must be arranged in such a way as to ensure the safety of employees
      Facilities, machinery, mechanisms, transmission apparatus, tools and equipment Must be installed, protected, maintained and used under secure conditions, in the best possible security environment.
      " Work techniques and products used must not jeopardise security and safety Employee health.
      " Art. L. 233-2. -Without prejudice to the application of the measures provided for in this Code relating to the prevention of fires and explosions, appropriate human and material means of prevention, fire fighting and relief shall be provided for In order to ensure the safety of the persons employed in the premises at all times. The head of establishment shall define such means according to the number of persons employed in the premises of the establishment and the risks involved. It shall consult the Health, Safety and Working Conditions Committee on the definition and modification of such
      . Art. L. 233-3. -Employees who are required to work in wells, gas pipes, smoke channels, toilet tanks, vats or apparatus which may contain noxious gases shall be fastened by a belt or protected by another device of Security.
      " Art. L. 233-4. -The wells, hatches and descent openings shall be fenced.
      " Engines must be insulated by bulkheads or barriers of protection.
      " Stairs must be strong and equipped with strong ramps.
      " Scaffolding must Be equipped with rigid bodyguards 90 centimetres high.
      " Art. L. 233-5. -The following mobile parts of machines and transmissions: motor biels and wheels, wheels, transmission trees, gears, cones or friction cylinders shall be fitted with a protective or separate device of employees, unless They are out of reach of the hand.
      " The same shall apply to straps or cables crossing the floor of a workshop or operating on transmission pulleys less than 2 metres from the ground.
      " Devices adapted to machines or machines Put at the disposal of staff should avoid the handling of straps in operation.
      " Art. L. 233-6. -I.-The following machines, apparatus, tools, apparatus, equipment and installations designated by the terms of work equipment which are the subject of the operations referred to in II of this Article shall be designed and constructed in such a way that their Put in place, their use, their adjustment, their maintenance, in conditions consistent with their destination, do not expose people to a risk of harm to their safety or health.
      " Protectors and protective devices, the Personal protective equipment and products, hereinafter referred to as the means of protection, which are the subject of the operations referred to in II of this Article, shall be designed and manufactured in such a way as to protect persons, under conditions Use and maintenance according to their destination, against the risks for which they are intended.
      " II. -No person shall display, offer for sale, sell, import, rent, make available or assign to any title work equipment and means of protection mentioned in 1 of III of this Article that do not Do not comply with the provisions of 3 ° III.
      " III. -Decrees in the Council of State, taken under the conditions laid down in Article L. 231-16, determine
      1 ° Work equipment and means of protection subject to the safety requirements defined in the I of this Article;
      " 2 ° Procedures for certification of conformity with the technical rules to be submitted by manufacturers, importers and cedants, as well as the guarantees they receive.
      " The outcome of the compliance certification procedure can be For example subordinate to the result:
      " (a) Checks, even unannounced, carried out by authorised bodies, in the premises of manufacture or storage of work equipment or of means of protection which, if they proved not to be Compliant, would likely expose those involved to a serious risk;
      " (b) Testing or testing, even destructive, where required by prior art;
      " 3 ° The technical rules to be met by each type Work equipment and means of protection and the certification procedure applicable to it;
      " 4 ° The conditions under which the administrative authority empowered to monitor compliance may request the manufacturer or The importer shall communicate a documentation whose contents are specified by order; the absence of communication of this technical documentation within the prescribed period shall constitute an indication of non-conformity of the work equipment or of the means of Protection of the technical rules applicable to it, which may lead to the implementation of the measures provided for at 5 ° below.
      " Persons who have access to this technical documentation are required not to reveal the secrets of Manufacturing and operating procedures that they may be aware of on this occasion;
      " 5 ° The conditions under which a backup procedure is organized to:
      " (a) Oppose that equipment from Work or means of protection not satisfying the requirements laid down in this Article and all or part of the technical rules provided for in the above 3 ° shall be the subject of the operations referred to in II of this Article and in the II of Article L. 233-7;
      " (b) Subordinate the performance of such operations to checks, tests, maintenance rules, modifications of the methods of use of the relevant work equipment or means of protection.
      " IV. -Ministerial orders for labour:
      " 1 ° Can establish the list of standards whose respect is deemed to comply with the technical rules laid down in 3 ° of III of this Article;
      " 2 ° May make some of the standards mandatory Mentioned at 1 ° above.
      " Art. L. 233-7. -I.-Work equipment and means of protection put into use or used in the establishments referred to in Article L. 231-1 shall be equipped, installed, used, adjusted and maintained in such a way as to safeguard safety and health Employees, including in the event of changes to such work equipment and means of protection.
      " II. -No person shall put into service or use work equipment and means of protection referred to in Article L. 233-6 of Article L. 233-6 which do not comply with the provisions of 3 ° of III of the same
      . III. -Decrees in the Council of State under the conditions laid down in Article L. 231-16 shall fix, as necessary:
      " 1 ° Organizational measures, conditions of implementation and technical requirements to which they are subject The use of work equipment and means of protection under this Article;
      " 2 ° The conditions under which work equipment and, where appropriate, the existing means of protection shall be brought into conformity with The rules set out in 1 above.
      " Art. L. 233-8. -The Labour Inspector or the Labour Controller may apply to the Head of Establishment for verification by bodies approved by the Minister responsible for Labour or, by delegation, by the representative of the State in Mayotte the state of conformity of the Work equipment referred to in Article L. 233-7 with the provisions applicable to
      . No later than 15 days after the request for an audit, the head of establishment may refer the matter to the Minister responsible for the work of a Claim that is suspensive. A decision shall be taken within a time limit fixed by
      . The non-communication to the head of establishment of the Minister's decision within the period referred to in the preceding paragraph shall constitute acceptance of the claim. Any refusal by the Minister must be motivated.
      " Art. L. 233-9. -The purchaser of a product referred to in Article L. 231-8 and the purchaser or lessee of a material referred to in Article L. 233-6 which has been delivered in conditions contrary to the provisions of those Articles and the texts taken for their application may, Notwithstanding any clause to the contrary, within one year from the date of delivery, request the resolution of the sale or lease; the court that delivers the resolution may also award damages to the purchaser or Tenant.
      " Art. L. 233-10. -The consignor of any package or object weighing 1,000 kg or more of gross weight to be transported by sea shall bear, on the package, the indication of its marked external weight in a clear and durable manner.
      " In exceptional cases where it Is difficult to determine the exact weight, the weight may be a maximum weight determined according to the volume and nature of the package.
      " In the absence of the sender, this obligation is the responsibility of the agent responsible for the shipment of the package.
      " An Order in Council of State shall specify, where appropriate, the physical conditions to be met by the marks to be affixed to the packages, in accordance with this Article.


      " Chapter IV



      "Special provisions for
      women and young employees


      " Art. L. 234-1. -The heads of industrial and commercial establishments in which young employees under the age of 18 are employed must ensure the maintenance of good morals and the observation of public decency
      Art. L. 234-2. -Decrees in the Council of State shall determine, for all the establishments referred to in Article L. 231-1, including mines and quarries and their dependencies and transport undertakings, the various types of work presenting causes of Danger or exceeding the forces, or dangerous to morality, and which are prohibited to young employees under 18 years of age and to women.
      " Art. L. 234-3. -In establishments which are unhealthy or dangerous and where the employee is exposed to manipulation or fumes detrimental to his health, young employees and apprentices less than 18 years of age and women cannot be Employees as under special conditions, for each of these categories of employees, by decrees in the State Council.
      " Art. L. 234-4. -The master shall never employ the apprentice for work that would be unhealthy or above his or her strengths.


      "Chapter V



      " Special provisions
      for building and civil engineering operations


      " Art. L. 235-1. -Where the expected duration or volume of the work of a building or civil engineering operation exceeds the thresholds laid down by decree in the Council of State, the owner shall, before the start of the work and within the time limits laid down by that decree, Send to the services of the labour inspectorate and the prevention of the social security fund of Mayotte a prior declaration, the content of which is specified by order of the minister responsible for labour. The text of this declaration must be displayed on the worksite.
      " Art. L. 235-2. -Coordination in the field of safety and health of workers must be organised for any building or civil engineering site where several self-employed or enterprises, undertakings and subcontractors are involved In order to prevent risks arising from their simultaneous or successive interventions and to provide, where necessary, the use of common means such as infrastructure, logistical means and protection Collective.
      " Art. L. 235-3. -Security and health coordination must be organised both during the design, study and development of the project and in the course of carrying out the work. The owner shall designate a coordinator, who may be a natural or legal person, for each of these two phases or for all of them.
      " However, for building or civil engineering operations undertaken by a In particular for its personal use, that of its spouse or ascendants or descendants, the coordination shall be ensured:
      " 1 ° In the case of operations subject to the obtaining of a building permit, by the person responsible for the Mastery of work during the design, study and development phase of the project, and by the person who effectively controls the site during the construction phase of the work;
      " 2 ° When it is not submitted To obtain a permit to build, by one of the contractors present on the site during the work.
      " The conditions for the exercise of the function of coordinator and the modalities for the assignment of the Coordination with one of the contractors referred to in the 2 ° of this Article shall be defined by decree in the Council of
      . Art. L. 235-4. -The intervention of the coordinator shall not alter the nature or extent of the responsibilities under the other provisions of this Code to each of the participants in the building and civil engineering
      . Except in Article L. 235-3, the provisions necessary to ensure that persons in charge of a coordination mission, pursuant to Article L. 235-3, have the necessary authority and resources to carry out their tasks shall be Determined by contract, including contracts for mastership.
      " The arrangements for the implementation of the coordination shall be laid down by a decree in the Council of State which shall, inter alia, define the tasks assigned to the coordinator As well as the nature, extent and distribution of obligations of the owners, coordinators, contractors and contractors, respectively.
      " Art. L. 235-5. -Where several undertakings are required to intervene on a site which is the subject of the prior declaration provided for in Article L. 235-1, or requires the execution of one or more of the works on a list of works comprising Specific risks fixed by the Minister responsible for labour, the contractor establishes by the coordinator a general safety and health protection coordination plan which is drawn up at the design stage, Study and project development and maintained for the duration of the work.
      " Art. L. 235-6. -Before the work begins, a specific health and safety plan is addressed:
      " 1 ° To the coordinator, by each of the undertakings, including subcontracting undertakings, to intervene at any time of the Work on a site subject to the obligation referred to in Article L. 235-5;
      " 2 ° To the master of work, by any undertaking which is called to carry out only works whose duration and volume exceed the thresholds laid down by decree in Council "State.
      " Art. L. 235-7. -The obligations laid down in Articles L. 235-1, L. 235-5 and L. 235-6 shall not apply to work of extreme urgency, the immediate execution of which is necessary to prevent serious and imminent accidents or to organise rescue
      . Art. L. 235-8. -An order in Council of State lays down detailed rules for the application of Articles L. 235-5 and L. 235-6, in particular the nature, content and conditions of establishment and control of the plans referred to in the said
      . Art. L. 235-9. -Where, at the same site, several building or civil engineering operations must be conducted at the same time by several contractors, they shall be obliged to consult each other in order to prevent the risks arising from the interference of these Work orders.


      "Chapter VI



      " Protecting employees in
      establishments that implement electrical currents


      " Art. L. 236-1. -Decrees in the Council of State under the conditions laid down in Article L. 231-16 determine the specific measures for the protection of employees against establishments which implement electric currents.


      "Chapter VII



      " Protecting
      workers from the dangers of ionizing radiation


      " Art. L. 237-1. -In the establishments referred to in Article L. 231-1, the provisions relating to the protection of employees, whether employed or not, against the risks of exposure to ionising radiation shall be laid down in accordance with the general principles of Protection of persons set out in Article L. 1333-1 of the Code of Public Health and of the obligations set out in Article L. 1333-10 of the same
      . The implementing rules for employees, employees or not, of the provisions referred to in The preceding paragraph, and in particular the limit values to be respected by the exposure of such workers, the exposure references and the levels applicable to them, taking into account the special situations of exposure, and Any restrictions or prohibitions on activities, processes, devices or substances dangerous to workers, are laid down by decree in the Council of State.


      " Chapter VIII



      "Health,
      and Working Conditions Committees


      " Art. L. 238-1. -Hygiene, safety and working conditions shall be established in the establishments referred to in Article L. 231-1 occupying at least fifty employees. The workforce is calculated according to the terms defined in Article L. 620-8.
      " The establishment of a Health, Safety and Working Conditions Committee is necessary only if the number of employees of at least fifty employees has been reached for 12 Consecutive months or not in the previous three years. In the absence of a committee of hygiene, safety and working conditions in the establishments of fifty or more employees, the staff representatives of these establishments shall have the same tasks and means as the members of the said committees; they shall be Also subject to the same obligations.
      " In establishments with fewer than fifty employees, staff delegates shall be entrusted with the tasks assigned to the members of the hygiene, safety and working conditions committee. In the context of the means provided for in Article L. 434-1. They are also subject to the same obligations.
      " Companies with fewer than fifty employees may regroup on a professional or inter-professional level with a view to setting up a health, safety and health committee. Job.
      " In the construction and public works industry, the provisions of this Article shall apply to establishments normally occupying 50 or more employees.
      " Art. L. 238-2. -The task of the Committee on Health, Safety and Working Conditions is to contribute to the protection of the physical and mental health and safety of the employees of the establishment and of those made available by an outside company, And to the improvement of working conditions, in particular with a view to facilitating women's access to all jobs and responding to problems relating to motherhood. It also has the task of ensuring compliance with the legislative and regulatory requirements of these
      . The Committee shall analyse the occupational risks to which the employees of the establishment may be exposed And to the analysis of working conditions. It also analyses the occupational risks to which pregnant women may be exposed.
      " The Committee shall, at regular intervals, carry out inspections in the exercise of its mission, the frequency of such inspections being Less equal to regular meetings of the committee. It conducts investigations into accidents at work or occupational or occupational diseases.
      " The committee contributes to the promotion of occupational risk prevention in the institution and elicits any initiative That it considers useful in this perspective. For this purpose, it may propose preventive measures. If the employer refuses to do so, it must motivate its decision.
      " The Committee shall give its opinion on the documents relating to its mission, in particular on the rules of
      . The committee is consulted prior to any major development decision Amending the conditions of hygiene and safety or working conditions and, in particular, prior to any major transformation of the working stations resulting from the modification of the machinery, a change in the product or the organisation of the Work, prior to any change in the rates and productivity standards related to or not related to compensation for work.
      " The Committee is consulted on the adaptation plan provided for in the second subparagraph of Article L. 442-5
      The Committee is consulted on Measures taken to facilitate the establishment, delivery or maintenance of work accidents, war invalids, civil invalids and disabled workers, in particular on the layout of workstations.
      " The Committee shall decide on any matter referred to it by the head of business or establishment, the works council or the establishment and the staff
      . The Committee may ask to hear the Head of a Neighbouring establishment whose activity exposs the employees of its jurisdiction to particular nuisances: it is informed of the suites reserved for its observations.
      " The Committee shall determine the tasks entrusted to it by its members for the performance of the Tasks in the above paragraphs.
      " Art. L. 238-3. -The hygiene, safety and working committee shall meet at least quarterly at the initiative of the head of establishment, more frequently if necessary, in particular in high risk
      . It is also Following any accident which has caused or may have caused serious consequences or the reasoned request of two of its staff representatives.
      " Art. L. 238-4. -The Committee on Health, Safety and Working Conditions shall receive from the Head of establishment the information necessary for the exercise of its tasks, as well as the means necessary for the preparation and organisation of meetings, and Travel imposed by investigations or inspections.
      " The members of the Committee shall be subject to a duty of secrecy with regard to information of a confidential nature and data as such by the head of establishment or his or her Representative.
      " They are, moreover, kept secret for all matters relating to manufacturing processes.
      " Art. L. 238-5. -At least once a year, the head of establishment shall present to the Health, Safety and Working Conditions
      : (a) A written report on the general situation of hygiene, safety and working conditions In its establishment and in relation to the actions which have been taken in the past year in the fields of health protection, safety and the improvement of the working conditions of the employees of the establishment or Those made available by an outside company;
      " (b) An annual programme for the prevention of professional risks and improvement of working
      . The Committee shall deliver an opinion on the report and on the programme; Propose an order of priority and the adoption of additional measures. This notice is sent for information to the labour inspector.
      " Where some of the measures provided for by the Head of Establishment or requested by the Committee have not been taken during the year concerned by the programme, the Head Shall set out the grounds for such non-performance, in the annex to the report referred to in the second paragraph
      The head of establishment shall forward the report and the programme to the works committee, together with the opinion formulated by the Health, Safety and Working Conditions Committee.
      " The minutes of the meeting of the hygiene, safety and working conditions committee devoted to the examination of the report and the programme shall be attached to any request Submitted by the head of establishment for the purpose of obtaining public contracts, public shareholdings, subsidies, bonuses of any kind or of social or tax
      . In construction and public works enterprises The provisions of this Article shall be implemented by the Works Council.
      provisions of this Article shall be implemented by the Works Council, between 50 and 299 employees and having no health, safety and working conditions. Art. L. 238-6. -The hygiene, safety and working conditions committee shall comprise the head of establishment or his representative and a delegation of the staff whose members are appointed by a college established by the elected members of the works council and Staff delegates. The head of establishment shall forward to the labour inspector the minutes of the meeting of that college
      The composition of that delegation, taking into account the number of employees under each committee, the other conditions for designation of the Representatives of staff and the list of persons who attend the meetings of the Committee with a consultative vote, taking into account the functions they perform in the establishment, shall be fixed by
      . The Challenges Concerning the delegation of staff representatives to the Committee shall be within the competence of the Court of First Instance, which shall act as a last resort. The decision may be referred to the Court of Cassation
      Where a challenge makes the use of an education measure indispensable, the costs of such a measure shall be borne by the
      . The Physician (s) of Work Loaded The list referred to in the second subparagraph
      be mandatory for the medical supervision of staff. The Health, Safety and Working Conditions Committee shall be chaired by the head of establishment or his representative. The Committee shall appoint a Secretary from among the staff representatives. The agenda for each meeting shall be drawn up by the Chairman and the Secretary and forwarded to the members of the Committee and the labour inspector under conditions laid down by regulation. The committee may engage in an advisory and occasional basis in the competition of any person in the institution who would be qualified.
      " Art. L. 238-7. -The head of establishment shall be obliged to give each of the staff representatives to the Committee on Health, Safety and Working Conditions the necessary time to carry out their duties. This time is at least two hours per month in establishments with up to 99 employees, five hours per month in establishments with 100 to 299 employees, ten hours per month in establishments with 300 to 499 employees. Employees, fifteen hours per month in establishments with 500 to 1,499 employees, twenty hours per month in establishments with 1 500 employees and more. This time can be exceeded in exceptional circumstances.
      " Staff representatives may apportion among themselves the time available to them; they shall inform the head of
      . This time shall be deemed to be of full Working time and paid at normal maturity. In the event of a dispute by the employer of the use made of the time so allocated, it is for the employer to refer the case to the court of first instance
      Time spent at meetings, investigations following a serious work accident or repeated incidents Having disclosed a serious risk or a serious occupational or occupational disease, or seeking preventive measures in any emergency and gravity situation, in particular during the implementation of the procedure laid down in the Article L. 231-12, shall also be paid as working time and shall not be deducted from the hours provided for in the first paragraph.
      " The labour inspector must be notified of all meetings of the Health, Safety and Working Conditions Committee And can attend.
      " During visits by the inspector or the labour controller, staff representatives on the hygiene, safety and working conditions committee shall be informed of its presence by the chief And must be able to submit comments.
      " Art. L. 238-8. -With regard to its operating procedures and the organisation of its work, decisions of the Health, Safety and Working Conditions Committee shall be adopted in accordance with the procedure laid down in the third paragraph of Article L. 444-3. The same is true of the resolutions that the Health, Safety and Working Conditions Committee may adopt.
      " Art. L. 238-9. -The provisions of Articles L. 445-1, L. 445-2 and L. 445-3 shall apply to employees who sit or have served as representatives of staff in a health, safety and working environment
      . Art. L. 238-10. -Decrees in the Council of State shall lay down the measures necessary for the application of this Chapter, in particular Articles L. 238-1, L. 238-2, L. 238-4, L. 238-5 and L. 238-6. They shall adapt the provisions to the institutions referred to in Article 2 of Title IV of the General Staff Regulations of Officials of the State and of the Territorial Communities, to the undertakings or establishments in which the staff is dispersed, and to the Enterprises or establishments operating on the same site, in the same building or premises.
      " Art. L. 238-11. -The foregoing provisions shall not preclude more favourable provisions concerning the functioning, composition or powers of health, safety and working committees which result from collective agreements or


      "Chapter IX



      " Construction Operations in the
      Interest in Occupational Health and Safety


      " Art. L. 239-1. -The owners undertaking the construction or the fitting of buildings for the purpose of carrying out the activities carried out by the persons and establishments referred to in Article L. 231-1 shall be obliged to comply with the provisions Legislative and regulatory requirements in the interests of occupational health and
      . The implementing provisions of this Article shall be laid down in the decrees in Council of State provided for in Article L. 231-16. "

      Article 10


      Chapter I of Title V of Book II of the same Code is thus amended:
      I.-Article L. 251-1 is replaced by The following provisions:
      " Art. L. 251-1. -Heads of institutions, directors, managers or servants who, through their personal misconduct, have breached the provisions of Chapters I, II, III, VI and VII of Title III and the decrees adopted for their application, as well as the other persons who, By their personal fault, have infringed the provisions of Articles L. 231-7, L. 231-8, L. 232-2, L. 233-6, L. 233-7 II, L. 233-10, L. 237-1 and the decrees adopted for their application shall be punishable by a fine of EUR 3 750.
      ' The fine is applied As many times as there are employees of the undertaking concerned by the offence (s) identified in the minutes referred to in Articles L. 610-9 and L. 610-11
      In accordance with Article 132-3 of the Penal Code, the cumulative penalties provided for in this Article L. 251-5 with the same penalties for the offences provided for in Articles 221-6, 222-19 and 222-20 of the Criminal Code may not exceed the maximum legal maximum of the highest penalty which is incurred. "
      II. -In the first paragraph of Article L. 251-2, the words: Under the conditions laid down in Articles 319 and 320 of the Penal Code " Are replaced by the words: " Under the conditions laid down in Articles 221-6, 222-19 and 222-20 of the Penal Code
      . -In the last paragraph of Article L. 251-4 and in the first paragraph of Article L. 251-5, the words: EUR 300 to " Are deleted.
      IV. -In Article L. 251-5, the words: Imprisonment for two months to one year Are replaced by the words: " A one-year imprisonment ".
      V.-In Article L. 251-6, the words:" Article L. 230-10 " Are replaced by the Words: " Provisions of Article L. 231-3 ".
      VI. -In the last paragraph of Article L. 251-8, the words: A fine of EUR 300 to EUR 9 000 and imprisonment for two months to two years' Are replaced by the words: " A year of imprisonment and a fine of 9 000 EUR ".
      VII. -In Article L. 251-9, the words: Articles L. 230-9, L. 230-10 and " Are replaced by the words: " Articles L. 231-3, L. 231-5 and ".
      VIII. -Article L. 251-10 is deleted.
      IX. -In the first paragraph of Article L. 251-11, which becomes Article L. 251-10, the words: Articles L. 230-15 or L. 230-16 " Are replaced by the words: " Article L. 239-1 ".
      X. -Article L. 251-12 is deleted.
      XI. -Chapter I is completed with four articles written:
      " Art. L. 251-11. -A person liable to imprisonment for one year and a fine of EUR 3 750 or one of those penalties only the employer or his representative who has not complied with the measures taken by the labour inspector under the first paragraph of Article L. 231-15.
      " In case of re-offending, imprisonment may be increased to two years and the fine to € 7,500.
      " Art. L. 251-12. -Any person who has carried out or attempted to impair either the constitution or the free designation of members, or the regular functioning of the health, safety and working conditions committees, in particular by the lack of knowledge of the Article L. 238-9 and the regulations made for its application shall be punishable by one year's imprisonment and a fine of EUR 3 750 or one of these penalties only.
      " In the event of a repeat offence, imprisonment may be Increased to two years and the fine to € 7,500.
      " Art. L. 251-13. -I.-A fine of EUR 4 500 shall be imposed on the master of work who has not addressed the prior declaration provided for in Article L. 235-1 to the competent administrative authority in the field of occupational health and
      . II. -A fine of 9 000 EUR:
      " 1 ° Book master:
      " (a) Who has not designated a Safety and Health Coordinator, in disregard of the first paragraph of Article L. 235-3, or who has failed to provide the coordinator The authority and the means necessary for the exercise of its mission, in disregard of the second subparagraph of Article L. 235-4;
      " (b) Who has appointed a coordinator who does not meet the conditions set out in the last paragraph of the Article L. 235-3;
      " (c) Has not established the general coordination plan provided for in article L. 235-5;
      " 2 ° The contractor who has not provided the owner or coordinator with the specific safety and security plan for the Workers' health under Article L. 235-6.
      " III. -If recidivism:
      " 1 ° The fact provided for in the above I shall be punishable by a fine of EUR 9 000;
      ' 2. The facts set out in II above shall be punishable by one year's imprisonment and a fine of EUR 15 000 or one of those penalties only; The court may, in addition, impose the penalties provided for in Article L. 251-8
      Art. L. 251-14. -The self-employed shall be punished by a fine of EUR 4 500, as well as employers when they themselves carry on an activity on a construction or civil engineering construction site, which have not implemented their obligations under them. Application of Articles L. 231-7, L. 231-8, L. 231-16, L. 233-6 and L. 233-7 of this Code. In the event of a repeat offence, these facts shall be punished by a fine of EUR 9 000.

    • Chapter V: Employment Article 11


      Chapter I of Title I of Book III is thus modified:
      I. - The title of this chapter reads as follows: Chapter I: Obligations of employers ".
      II. Article L. 311-1 becomes Article L. 311-2.
      III. -Article L. 311-1 has been re-established as follows:
      " Art. L. 311-1. -The hiring of an employee may only take place after the prior nominative declaration made by the employer to the social protection body designated for that
      . Non-compliance with the reporting obligation noted by the Officers referred to in Article L. 312-5 and the officers certified to that effect and sworn in by the social security organisation, shall impose a penalty equal to three hundred times the hourly rate of the guaranteed minimum wage Article L. 141-2. This penalty shall be recovered by the collecting body for the social security contributions of the employer under the terms and conditions laid down in the event of failure to produce the documents provided for in the payment of the Social insurance contributions. Such action shall be preceded by a warning by the director of the body responsible for recovery, given against receipt or by registered letter, inviting the employer to regularize his situation in the
      . The declaration May be rectified in the event of a change in the employee's marital status. This correction has no effect on the running of the current contract.
      " A decree of the Council of State shall determine the procedures for the application of this Article. "

      Article 12


      Chapter II of Title I of Book III of the same code reads as follows:


      " Chapter II



      "Hidden Job


      " Art. L. 312-1. -The work totally or partly concealed, defined and exercised under the conditions laid down in Article L. 312-2, is prohibited and advertising, by any means, tending to promote, in full knowledge of cause, the work Concealed. It is also prohibited to knowingly use, directly or by person, the services of the person who carries out concealed
      . However, the above prohibitions do not include emergency work, including immediate execution Is necessary to prevent imminent accidents or to organize rescue measures.
      " Art. L. 312-2. -Deemed work concealed by concealant activity the profit-making exercise of an activity of production, processing, repair or provision of services or the performance of acts of commerce by any natural person or Moral, which intentionally subtracts from its obligations:
      " (a) Did not require its registration in the trade register or in the register of trade and companies, where it is compulsory, or continued its activity after refusal Registration, or after cancellation;
      " (b) Or has not made the declarations which must be made to the social protection bodies or the tax administration in respect of its professional activity, under the Existing laws and regulations.
      " It is deemed to be concealed by concealant employment the fact, for any employer, of intentionally evading the completion of one of the formalities laid down in the Articles L. 143-3 and L. 311-1.
      " The statement on the pay bulletin for a number of hours less than the actual number of hours worked constitutes, if that statement is not the result of an agreement or agreement concluded pursuant to Chapter II Of Title I of Book II of this Code, a dissimulation of employment.
      " Art. L. 312-3. -The activities referred to in the foregoing Article shall be presumed, in the absence of proof to the contrary, to be carried out on a for-profit basis when their production takes place with the use of advertising in any form for the purpose of searching for the clientele or when Their frequency or importance is established or, in the case of craft activities, when carried out with equipment or equipment presenting by its nature or importance a professional character or when invoicing is Missing or fraudulent.
      " Art. L. 312-4. -The employee to whom an employer has applied in breach of the provisions of Article L. 312-2 is entitled, in the event of a breach of the employment relationship, to a flat-rate allowance equal to six months' pay, unless the application of other rules Legal or standard stipulations do not lead to a more favourable solution.
      " Under conditions laid down by decree, the employee shall obtain the control agents referred to in Article L. 311-1 of the information relating to The fulfilment by its employer of the declaration prior to the hiring of the person concerned. In the event that this formality is not performed by the employer, these officers shall be entitled to communicate to the employee the information relating to the registration of the employee on the personnel
      . Art. L. 312-5. -The infringements of the prohibitions referred to in Article L. 312-1 shall be sought by the officers and judicial police officers, the tax and customs officers, the officers approved for that purpose and sworn in by the security bodies Employees, the inspectors of the work, the controllers of the work and the staff members who are assimilated within the meaning of Article L. 610-9, officers and sworn agents of maritime affairs, civil servants of the aviation technical bodies Officers who are sworn to that effect and sworn in, and recorded by these officers by means of the minutes sent directly to the public prosecutor's office. These minutes shall be authentic until proven otherwise.
      " For the search and recognition of such offences, the aforesaid officers shall have the investigative powers granted by the specific texts applicable to them.
      " A The opportunity for the implementation of these powers, they may be presented and obtain an immediate copy of the following documents, whatever their form or support:
      " (a) The documents to justify the registration, declarations and The formalities referred to in Article L. 312-2 have been carried out as well as those relating to the authorisation of the profession or to authorisation where a particular provision has provided for them;
      ' (b) The documents justifying the undertaking Has ensured, in accordance with the provisions of Articles L. 312-9 and L. 312-10, that its co-Contracting Parties have fulfilled their obligations under Article L. 312-2 or, where appropriate, regulations having equivalent effect in their country Of origin;
      " (c) Quotes, purchase orders or works, invoices and contracts or commercial documents relating to benefits carried out in violation of the provisions of Article L. 312-1.
      " The officers referred to in the first paragraph Shall also be entitled to hear, in any place and with his or her consent, any paid person, having been paid or presumed to have been paid by the employer or by an independent worker in order to know the nature Its activities, terms and conditions of employment and the amount of remuneration relating thereto, including benefits in kind. These hearings may be the subject of a report signed by these agents and the persons concerned. They are also entitled to apply to employers, self-employed persons, persons employed in the undertaking or the workplace and to any person for whom they are required to collect the declarations in the course of the Their mission to justify their identity and address.
      " Art. L. 312-6. -Officials and supervisory staff referred to in Article L. 312-5 shall be entitled to communicate with each other all information and documents necessary for the purpose of carrying out their task of combating concealed
      . These Officials and agents, on their written request, shall obtain from the body responsible for the social protection system all information and documents relevant to the performance of this task. At the written request of that body, they shall send it all information and documents enabling it to recover unpaid amounts or to obtain reimbursement of sums unduly paid.
      " Public servants and screening officers Above are authorised, where the head office of the undertaking is domiciled in premises occupied jointly by a number of undertakings, to be communicated by the business owner all documents held in its premises necessary to Carrying out their task of combating hidden work.
      " Art. L. 312-7. -Any person convicted of having used directly or by person interposed to the services of the person who carries out concealed work shall be held in solidarity
      the latter: 1 ° To the payment of the taxes provided for by the tax code Applicable locally and for compulsory contributions as well as penalties and increases owed by it to the Treasury and the body responsible for the social protection scheme;
      " 2. Where applicable, the reimbursement of sums corresponding to the Amount of State aid received;
      " 3 ° Payment of the remuneration, allowances and expenses payable by the latter for the employment of employees who have not been the subject of any of the formalities laid down in Articles L. 143-3 and L. 311-1.
      " The amounts payable under the preceding paragraphs shall be determined in proportion to the value of the work performed, the services provided, the property sold and the remuneration in force in the occupation.
      " Art. L. 312-8. -Where one of the screening officers referred to in Article L. 312-5 has found by record the existence of an offence defined in Articles L. 312-1 and L. 312-2 and in Articles L. 124-1 and L. 124-3, the competent administrative authority, eu With regard to the seriousness of the facts found, the nature of the aid sought and the benefit which they provide to the employer, may, for a period of up to five years, refuse to grant public aid to employment or vocational training Mentioned by decree to the natural or legal person who has been the subject of this verbalization, without prejudice to legal proceedings which may be instituted.
      " Art. L. 312-9. -Any person who has not insured, at the conclusion of a contract and every six months, until the end of the performance of the contract, the subject of which relates to an obligation of at least EUR 3 000 for the performance of a job, Of the supply of a service or of the performance of an act of commerce, that its counterparty fulfils its obligations under Article L. 312-2, or only one of them, in the case of a contract concluded by a In particular for his personal use, that of his or her spouses or ascendants or descendants, shall be held in solidarity with the person who has been the subject of a verbatim record of work offence:
      " 1 ° Payment of taxes and Taxes imposed by the local tax code and the compulsory contributions as well as the penalties and charges payable by it to the Treasury or the body responsible for the social protection scheme;
      " 2. Where applicable, to Reimbursement of sums corresponding to the amount of State aid received;
      " 3 ° Payment of remuneration, allowances and expenses due to him by reason of the employment of employees who have not been the subject of one of the formalities Articles L. 143-3 and L. 311-1.
      " The amounts payable in accordance with the preceding paragraphs shall be determined in proportion to the value of the work carried out, the services provided, the property sold and the remuneration in question. Effective in the profession.
      " The manner in which the audits imposed in this section are conducted shall be specified by Order in Council.
      " Art. L. 312-10. -The owner of the work or the donor, informed in writing by an agent referred to in Article L. 312-5 or by a trade union or organisation or a delegate of staff, of the intervention of a sub-contractor or sub-delegate In an irregular situation in the light of the obligations laid down in Article L. 312-2, shall immediately, by registered letter with the request for a notice of receipt or discharge against discharge, be directed to the person with whom he has contracted to stop without delay The situation. Failing that, it shall be jointly and severally liable with its counterparty to the payment of the taxes, dues, dues, remuneration and charges referred to in Article L. 312-9, 2 ° and 3 °, under the conditions laid down in the fifth paragraph of that
      . The Provisions of this Article shall not apply to the individual who contracts for his or her personal use, that of his or her spouses, ascendants or descendants.
      " Without prejudice to the provisions of Article L. 312-9, any person Under public law having contracted with a company, informed in writing by an agent referred to in Article L. 312-5 of the irregular situation of that undertaking in the light of the obligations laid down in Article L. 312-2, immediately Recommended letter with a request for notification of receipt or remission to have this situation terminated without delay.
      " The undertaking thus put into formal notice must, within 15 days, provide the public with proof that it has Put an end to the delict. Otherwise, the contract may be terminated without compensation, at the expense and risk of the contractor.
      " The public person shall inform the agent, who is the author of the report, of the action taken by the undertaking at its injunction
      Art. L. 312-11. -Where the co-contracting party in Mayotte is established or domiciled abroad, the obligations to be verified shall be those which result from the regulation having equivalent effect from its country of origin and those which are Applicable for its activity in Mayotte.
      " Where the counterparty intervenor in Mayotte is established or domiciled in a metropolitan or overseas department, the obligations to be verified shall be those which result from the The regulation of equivalent effect applicable in those departments and those applicable to it in respect of its activity in Mayotte
      Art. L. 312-12. -A decree of the Council of State determines the conditions for the application of the provisions of this Chapter. "

      Article 13


      It is inserted in Title II of Book III of the same Code a preliminary chapter written as follows:


      "Preliminary Chapter



      " Licencing for Economic Reason


      " Art. L. 320-1. -Constitutes dismissal on economic grounds of dismissal by an employer for one or more reasons not inherent in the person of the employee resulting from the removal or conversion of employment or of an amendment, refused by the Employee, of an essential element of the employment contract, following in particular economic difficulties or technological change.
      " The provisions of this Chapter shall apply to any breach of the contract of employment resulting from One of the causes set out in the preceding paragraph.
      " Art. L. 320-2. -In the undertakings or establishments referred to in Article L. 320-5, in the event of termination of employment on economic grounds, in the absence of an applicable collective agreement or collective agreement, the employer shall, after consulting the works council or, Staff delegates, the criteria used to fix the order of layoffs. These criteria take into account, in particular, family expenses and, in particular, those of lone parents, the seniority of service in the establishment or the undertaking, the situation of employees who have social characteristics making their Particularly difficult reintegration, including disabled people and older workers.
      " The agreement and the collective labour agreement or, failing that, the employer's decision may not contain provisions Establishing a lay-off priority because of the only life benefits for an employee.
      " In the case of individual dismissal on economic grounds, the employer must take into account, in the choice of the employee concerned, the Criteria under the last sentence of the first subparagraph above.
      " Art. L. 320-3. -Where the employer, on one of the grounds set out in Article L. 320-1, considers a modification of an essential element of the contract of employment, he shall inform each employee thereof by registered letter with acknowledgement of
      . The letter of Notification shall inform the employee that he has one month from receipt to make known his refusal or his/her own hand-off.
      " Failing reply within one month, the employee shall be deemed to have accepted the Proposed change.
      " Art. L. 320-4. -Where, for one of the reasons set out in Article L. 320-1, the employer envisages the dismissal of at least ten employees who have refused to amend an essential element of their employment contract proposed by their employer, these redundancies shall be Subject to the provisions applicable in the case of collective redundancies on economic
      . Art. L. 320-5. -In agricultural, industrial or commercial enterprises or establishments, public or private, in the public and ministerial offices, the liberal professions, civil societies, trade unions, associations of any kind Employers who are considering making a lay-off on economic grounds are required to:
      " 1 ° Where the number of redundancies for economic reasons envisaged is less than ten in the same thirty-day period, the And to consult, in the case of collective redundancies, the works council or the staff representatives in accordance with Articles L. 432-1 or L. 442-1 as appropriate;
      " 2 ° Where the number of redundancies envisaged is at least ten in a The same period of thirty days, to gather and consult the works council or the staff delegates, in accordance with Article L. 320-7;
      " 3 ° Where the redundancies take place in the context of a reorganization procedure or Judicial liquidation, to comply with the provisions of Article L. 320-9
      Art. L. 320-6. -In undertakings employing at least 50 employees where the works council has not been established at a time when no declaration of deficiency has been established and in undertakings employing at least eleven employees in which no staff delegate Has not been established at a time when no declaration of failure has been established, any redundancies on economic grounds carried out without, therefore, the obligations of information, meeting and consultation of the works council or of the representatives of the Staff are being respected is irregular. The employee so dismissed shall be entitled to compensation which may not be less than one month's gross salary, without prejudice to the severance pay and notice otherwise payable to him.
      " Art. L. 320-7. -In the undertakings or establishments referred to in Article L. 320-5 where there are usually fewer than fifty employees, employers who plan to make a dismissal on economic grounds are obliged to bring together and consult the Staff delegates when the number of layoffs envisaged is at least ten in the same 30-day period.
      " In the companies or professions mentioned above where there are usually at least fifty employees, Employers who intend to make them redundant under the conditions referred to in the preceding paragraph shall be obliged to bring together and consult the works council. They may carry out such operations concomitantly with the implementation of the consultation procedures provided for in Article L. 442-1.
      " Where an enterprise committee does not exist, and in particular when the labour inspector has been seized of a Minutes of failure to comply with the conditions laid down in Article L. 443-11 of this Code, the draft collective redundancies shall be submitted to the staff
      . In the undertakings or establishments referred to in the first paragraph of this Staff delegates hold two meetings separated by a time limit which may not exceed fourteen days. In the undertakings or establishments and in the professions referred to in the second subparagraph of this Article, the Works Council shall hold two meetings. The two meetings must be separated by a period which cannot be greater than fourteen days when the number of redundancies is less than one hundred, twenty-one days when the number of redundancies is at least one hundred and less than two One hundred and fifty, and twenty-eight days when the number of redundancies is at least equal to two hundred and fifty, without prejudice to the more favourable provisions provided for by collective labour agreements or
      . Art. L. 320-8. -The employer shall send to the staff representatives, with the convening of meetings provided for in Article L. 320-5, all relevant information on the project for collective
      . It must, in any case, specify:
      " The or Economic, financial or technical reasons for the termination project;
      " Number of workers to be laid off;
      " The professional categories concerned and the proposed criteria for the order of lay-offs In Article L. 320-2;
      " The number of workers, whether permanent or non-permanent, employed in the facility, and the estimated layoff schedule.
      " Art. L. 320-9. -In the event of judicial reorganization or liquidation, the administrator or, failing that, the employer or the liquidator, as the case may be, who is considering redundancies must gather and consult the works council or, failing that, the representatives of the Staff under the conditions laid down in the first, second and third paragraphs of Article L. 320-7 and in Articles L. 320-8, L. 432-1, fifth and sixth paragraph, and L. 442-1, third paragraph.
      " Art. L. 320-10. -Decrees in the Council of State may lay down the adaptation measures necessary for the application of the provisions of this Chapter in undertakings which are required to set up an enterprise committee or bodies which take place in accordance with this Chapter. Either statutory or regulatory provisions other than those contained in this Code, i.e., conventional provisions.
      " Art. L. 320-11. -To be punished by a fine of EUR 3 750, pronounced as many times as there are employees affected by the infringement, the employer who has made a dismissal without having carried out the consultations provided for in Article L. 320-7.
      " Is liable to Same penalties the employer, administrator or liquidator who has not complied with the provisions of Article L. 320-9.
      " Art. L. 320-12. -Not subject to the provisions of this Chapter, dismissals which, at the end of a construction site, are normal in accordance with the usual practice and the regular exercise of the profession concerned, unless otherwise determined by Collective agreement or agreement.
      " These redundancies shall be subject to the provisions of Section 2, Chapter II, of Title II of the Book I of this
      . Art. L. 320-13. -An employee who is dismissed for economic reasons shall be given a priority of re-employment for a period of one year from the date of termination of his contract if he demonstrates the desire to use that priority during that year. In this case, the employer shall inform him of any employment which has become available and compatible with his or her qualification. In addition, the employer is required to inform staff representatives of available positions and to post a list of these positions. An employee who has acquired a new qualification also benefits from the priority of re-employment under the new qualification, if he informs the employer
      . Art. L. 320-14. -Representative trade union organisations within the meaning of Article L. 412-3 may exercise legal, regulatory or contractual provisions governing dismissal on economic grounds of an employee in legal proceedings; Without having to justify a mandate from the person concerned. The latter must have been informed by registered letter with acknowledgement of receipt and not to oppose it within 15 days from the date on which the trade union organisation notified it of its intention. At the end of this period, the trade union organisation shall notify the employer by registered letter with acknowledgment of its intention to take legal action. The employee may still intervene in the proceedings initiated by the union. "

      Article 14


      It is inserted, after Article L. 321-4 of the same code, an article L. 321-5 thus written:
      " Art. L. 321-5. -The management or implementation of measures financed by the employment fund referred to in Article L. 325-9 in the field of vocational training and employment in Mayotte may be entrusted by the State, by means of conventions, to the National Centre for the Management of Agricultural Structures (CNASEA). "

      Item 15


      Articles L. 324-6 to L. 324-8 of the same code are repealed.

      Article 16


      In Articles L. 326-9 and L. 343-1 of the Code, the words:" In Article L. 326-1 " Are replaced by the words: " In Article L. 326-7 ".

      Article 17


      I. Article L. 330-3 of the same code becomes Article L. 330-11.
      II. -Articles L. 330-1, L. 330-2 and L. 330-4 of the same code are replaced by the following:
      " Art. L. 330-1. -The provisions of this Title shall apply subject to the provisions of the Treaties, Conventions or Agreements regularly ratified or approved and published, and in particular the Treaties establishing the European Communities and Provisions of the acts of the authorities of these communities taken for the purposes of the said
      . Art. L. 330-2. -In order to enter Mayotte with a view to pursuing a salaried profession, the foreigner must submit, in addition to the documents and visas required by the international conventions and the regulations in force, a contract of employment referred to by the administrative authority Or a work authorization and a medical certificate.
      " Art. L. 330-3. -A foreigner may not engage in employment in Mayotte without first obtaining the authorization referred to in Article L. 330-2
      This authorisation shall be issued by the representative of the State in conditions which are Laid down by a decree in the Council of State, subject to the provisions applicable under the third, fourth and fifth paragraphs of this
      . The work authorization may be issued to a foreigner who requests the assignment of Temporary residence card in the form of the mention "employee, of the mention" scientific or, on presentation of a contract of employment of more than three months, of the mention " artistic and cultural profession put on this map. It entitles this foreigner to practice in Mayotte the professional activities indicated on this map.
      " The work authorization may be issued to a foreigner who requests the assignment of the temporary residence card in the form of the Mention "personal and family ties or mention" private and family life. It gives it the right to exercise in Mayotte any professional activity of its choice within the framework of the legislation in
      . The work authorization may be issued to a foreigner in the form of a resident card that gives it The right to exercise in Mayotte any paid employment of its choice within the framework of the legislation in
      . Provisional authorisation of work may be granted under conditions laid down by decree in the Council of State to The alien who is not entitled to the temporary residence card bearing one of the particulars set out in the third and fourth paragraphs, or to the resident
      . Art. L. 330-4. -Subject to the more favourable provisions of the contract of employment, where an undertaking not established in Mayotte performs a service provision, it shall submit to the employees that it temporarily detaches it from the legislative provisions and Rules applicable to employees employed by undertakings engaged in the same activity established in Mayotte, in matters of social security, remuneration, duration and working conditions, within the limits and in accordance with specified terms and conditions By decree.
      " Art. L. 330-5. -No one may, directly or per person interposed, hire, retain or employ for any period of time a foreigner without the title authorizing him to engage in an employment in Mayotte
      Art. L. 330-6. -The alien employed in breach of the provisions of paragraph 1 of Article L. 330-5 shall be deemed, from the date of his employment, to a worker regularly engaged in respect of the obligations of the employer relating to the Regulation of the work defined in Book II of this Code, as well as the consideration of seniority in the undertaking.
      " With respect to pecuniary benefits, this foreigner is entitled to the title of the period of illegal
      : 1 ° Payment of the salary and accessories thereof in accordance with the laws or regulations and the contractual provisions applicable to his employment, net of amounts previously collected in respect of the period Considered;
      " 2 ° In the event of a termination of the employment relationship, to a lump sum equal to one month's pay unless the application of the rules contained in Articles L. 122-10, second paragraph, L. 122-21 and L. 122-22 or of the stipulations Corresponding contract does not lead to a more favourable solution.
      " The labour court may order the payment of the lump sum payment referred to in the preceding
      . These latter provisions do not Obstacle to the right of the employee to seek additional compensation in court if he is in a position to establish the existence of an injury not remedied under those
      . Art. L. 330-7. -Representative trade union organisations within the meaning of Article L. 412-3 may bring to justice the actions arising in favour of foreign workers under the provisions of Article L. 330-6, without having to justify a mandate for The person concerned, provided that he has not declared that he opposes it. The contracting party may still intervene in the proceedings initiated by the union
      Art. L. 330-8. -Associations regularly formed for at least five years to combat discrimination may refer to the representative trade unions to apply to all courts for all rights reserved. To the civil party for all offences relating to the employment of the foreign labour
      . Art. L. 330-9. -The screening officers referred to in Articles L. 610-1 and L. 610-15 shall be entitled to provide all information and documents relating to the provisions of this
      . Art. L. 330-10. -No person shall be given or tried to be given, on an occasional or renewed basis, funds, values or movable property in sight or on the occasion of the introduction to Mayotte of a foreign worker or of his employment. "

      Article 18


      Chapter I of Title IV of Book III of the Code reads as follows:


      " Chapter Ier



      "Hidden Job


      " Art. L. 341-1. -Any infringement of the prohibitions laid down in Article L. 312-1 shall be punishable by three years' imprisonment and a fine of 45 000
      . However, in the case of hidden employment of a minor subject to compulsory education, the penalties incurred shall be five Years of imprisonment and € 75,000 fine.
      " Art. L. 341-2. -Natural persons guilty of the offence provided for in Article L. 341-1 shall also be liable to the following additional
      : 1. The prohibition, for a period of not more than five years, to exercise, directly or by person interposed, Professional activity in the exercise or in the exercise of which the offence was committed in accordance with the procedure laid down in Article 131-27 of the Criminal Code;
      " 2 ° The exclusion of public contracts for a period of not more than five years ;
      " 3 ° The confiscation of the objects which have been used directly or indirectly to commit the offence or which have been used on that occasion, as well as those who are the product of the offence and who belong to the convicted person;
      " 4 ° Display or display Dissemination of the decision, under the conditions laid down in Article 131-35 of the Criminal Code;
      5 ° The prohibition, as provided for in article 131-26 of the Criminal Code, civil, civil and family
      . Art. L. 341-3. -The prohibition of the territory of the French Republic may be imposed under the conditions laid down in Article 131-30 of the Criminal Code for a period of not more than five years in respect of any foreigner guilty of the offence defined in Article L. 341-1.
      " Art. L. 341-4. -Legal persons may be held criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, of the offence defined in Article L. 341-1
      The penalties for legal persons are:
      " 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
      " 2. The penalties referred to in the 1 ° to 5 °, 8 ° and 9 ° of article 131-39 of the same code
      The prohibition referred to in Article 131-39 relates to activity in The exercise or occasion of the exercise of which the offence was committed. "

      Article 19


      Chapter II of Title IV of Book III of the Code reads as follows:


      " Chapter II



      "Foreign labor


      " Art. L. 342-1. -Without prejudice to the penalties resulting from the application of other laws, the offence of fraud or false declaration to obtain, obtain or attempt to procure the title referred to in Article L. 330-5 to a foreigner shall be punished by one year Imprisonment and a fine of 3,750 euros.
      " Art. L. 342-2. -Any infringement of the provisions of Article L. 330-5 shall be punishable by five years' imprisonment and a fine of EUR 15
      . These penalties are brought to ten years' imprisonment and a fine of EUR 100 000 when the offence is committed in the band Organized.
      " The fine is applied as many times as there are foreigners involved.
      " Art. L. 342-3. -Any infringement of the provisions of Article L. 330-10 shall be punishable by three years' imprisonment and a fine of 45 000
      . Art. L. 342-4. -Natural persons guilty of the offences provided for in Articles L. 342-2 and L. 342-3 shall also be liable to the following additional
      : 1 ° The prohibition, for a period of not more than five years, to exercise, directly or by person Interposed, professional activity in the exercise or in the exercise of which the offence was committed, in accordance with the procedure laid down in Article 131-27 of the Criminal Code;
      " 2 ° The exclusion of public contracts for a period of five Years at most;
      " 3 ° Confiscation of objects which have been used, directly or indirectly, to commit the offence or which have been used on that occasion to any person they belong to, since their owner could not ignore them Fraudulent use and that of the objects that are the product of the offence and belong to the convicted person;
      " 4 ° The posting or dissemination of the decision, under the conditions laid down in Article 131-35 of the Criminal Code ;
      " 5 ° The prohibition, as provided for in article 131-26 of the Penal Code, civil, civil and family rights;
      " 6 ° The stay ban for a period of not more than five years
      " Physical culpable persons Offences provided for in Article L. 342-2 shall, in addition, be subject to the closure of premises or establishments held or operated by them and used to commit the offences.
      " Natural persons convicted of the offence Subject to the second subparagraph of Article L. 342-2 shall incur the additional penalty of confiscation of all or part of their property, whatever the nature, movable or immovable, divis or indivis.
      " Art. L. 342-5. -The prohibition of the territory of the French Republic may be imposed, under the conditions laid down in Articles 131-30 to 131-30-2 of the Penal Code, for a period of up to ten years at most or definitively against any foreigner guilty of the Offences defined in Articles L. 342-2 and L. 342-3.
      " Art. L. 342-6. -Legal persons may be held criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences provided for in this Chapter, with the exception of Article L. 342-1
      The penalties incurred by the Legal persons are:
      " 1 ° The fine, as provided for in Article 131-38 of the Penal Code;
      " 2. The penalties referred to in the 2 °, for a period of five years at most, 3 °, 4 °, 5 °, 8 ° and 9 ° of Article 131-39 of the Criminal
      . The prohibition referred to in 2 ° of Article 131-39 relates to activity in the exercise or in the exercise of which the offence was committed.
      " Legal persons convicted under the offence referred to in the second subparagraph of Article L. 342-2 shall incur the additional penalty of confiscation of all or part of their property, whatever the nature, furniture or immovable, divis or indivis. "

      Article 20


      Order No. 2000-373 of 26 April 2000 on the conditions of entry and residence of foreigners in Mayotte As amended:
      I.-In the first paragraph of Article 13, the third paragraph of Article 15 and Article 30, paragraph 2, the words: L. 330-1 " Are replaced by the words: " L. 330-3 ".
      II. -In the third paragraph of V of Article 15 and in Article 22, the words: L. 330-2 " Are replaced by the words: " L. 330-5 ".
      III. -In Article 29-2, the words: Articles L. 342-1 and L. 342-2 " Are replaced by the words: " By the first two paragraphs of Article L. 342-2 and by Article L. 342-6

    • Chapter VI: Institutions Representative of staff Article 21


      Title III of Book IV of the Labour Code applicable to Mayotte becomes its title V. Les Articles L. 430-1 and L. 430-2 respectively become Articles L. 450-1 and L. 450-2.

      Article 22


      Reinstated in Book IV Of the same code a Title III written as follows:


      "TITLE III



      " PERSONNEL DELEGATES



      " Chapter I



      "Application Field


      " Art. L. 431-1. -Staff shall elect delegates to all industrial, commercial or agricultural establishments, public and ministerial offices, the liberal professions, civil societies, trade unions, mutual societies, Social security bodies, with the exception of those which have the character of an administrative public establishment, and associations or bodies of private law, whatever their form and object, where there are at least eleven employees.
      " The establishment of staff delegates is compulsory only if the number of employees of at least eleven employees is attained for 12 consecutive months or not, in the previous three years.
      " At the expiration of the mandate of the Staff, the institution is not renewed if the establishment has remained below eleven employees for at least 12 months. In this case, the renewal shall take place as soon as the conditions of establishment laid down in the preceding paragraph are met again, the period of three years being calculated from the end of the last term of the staff
      . In the Establishments employing fewer than 11 employees, staff delegates may be established by conventional means.
      " The provisions of this Title shall apply to public establishments of an industrial and commercial nature and to Public establishments determined by decree that provide both administrative and industrial and commercial services at the same time, when they employ staff under private law. However, these provisions may, in the light of the special characteristics of some of these institutions and of existing staff representation bodies, be subject to adaptations, subject to the same Guaranteed to the employees of these establishments. These adaptations result from decrees in the Council of State.
      " Art. L. 431-2. -Staff shall be determined in accordance with the provisions of Article L. 620-8.


      "Chapter II



      " Functions and Powers


      " Art. L. 432-1. -Staff delegates are responsible for:
      " (a) To submit to employers all individual or collective claims relating to wages, the application of the Labour Code and other laws and regulations concerning protection Social, health and safety, as well as collective labour agreements and agreements applicable to the enterprise;
      " (b) Seenter the inspection of the work of all complaints and observations relating to the application of the requirements The legislative and regulatory authority for which it is responsible.
      " (c) To propose appropriate measures in the event of accidents or occupational
      . In undertakings with fewer than fifty employees, the delegates Employees must be brought together and consulted by the employer who intends to make collective redundancies on economic grounds. The minutes of this meeting shall be forwarded to the competent administrative
      . Where the number of redundancies envisaged is at least ten within a period of thirty days, the consultation referred to in the preceding paragraph shall take place In the forms provided for in the preliminary chapter of Title II of Book III of this
      . The labour inspector must be accompanied in his visits by the appropriate delegate, if he so desires.
      " Employees retain the Right to make representations themselves to the employer or its representatives.
      " Art. L. 432-2. -If a staff representative finds, inter alia through an employee, that there is an infringement of the rights of persons, their physical and mental health or individual freedoms in the undertaking which is not justified by the Nature of the task to be performed or proportionate to the purpose sought, he shall immediately refer the matter to the employer. Such interference with the rights of persons, their physical and mental health or individual freedoms may, in particular, result from discriminatory measures in the field of employment, remuneration, training, reclassification, assignment, Classification, qualification, promotion, transfer, renewal of contract, sanction or dismissal.
      " The employer or his or her representative is required to conduct an investigation without delay with the delegate and to The necessary arrangements to remedy this situation.
      " In the event of a failure by the employer or disagreement on the reality of the infringement and in the absence of a solution found with the employer, the employee, or the delegate if the employee concerned Notified in writing shall not object to it, shall refer the matter to the labour court, which shall act in accordance with the forms applicable to the interlocutory
      The judge may order any action to stop the infringement and shall attach a penalty payment to the judge's decision. Liquidated to the Treasury.
      " Art. L. 432-3. -Where there is an enterprise committee, staff representatives shall have the right to communicate the suggestions and observations of staff on all matters falling within the competence of the
      . The same applies when there is a Health, Safety and Working Conditions Committee.
      " Art. L. 432-4. -In the cases provided for in Article L. 441-4, the staff delegates shall collectively exercise the economic powers of the works councils as defined in Articles L. 442-1 to L. 442-13.
      " The information is communicated and the Consultations shall take place during the monthly meeting provided for in Article L. 434-4
      A record of the economic matters examined shall be drawn up. The minutes shall be adopted after possible modifications at the following meeting and may be posted after agreement between the staff representatives and the employer
      In the exercise of economic powers, the staff delegates are Comply with Article L. 442-16.
      " The staff delegates may have recourse to experts paid by the Head of Enterprise under the conditions laid down in Article L. 444-5
      The operating budget, including Amount determined in Article L. 444-7 is jointly managed by the employer and the staff delegates.
      " The staff delegates shall benefit from economic training under the conditions laid down in Article L. 444-9
      Art. L. 432-5. -In the cases referred to in Article L. 441-4 and for the exercise of the powers of the works council laid down in Article L. 442-13, staff delegates may request explanations under the same conditions as the Works
      . This application shall be included in the agenda of the first meeting between the staff delegates and the employer following the request. It is established, on this occasion, a record.
      " If they have not been able to obtain an adequate response from the employer or if it reveals the worrying nature of the economic situation of the company, the staff representatives, after having taken The opinion of an expert-accounting officer under the conditions laid down in Article L. 444-5 and the Commissioner of Accounts, if any, may:
      ' 1 ° In companies on board or supervisory boards as well as in others Legal persons with a collegial body, seize the situation of the body responsible for the administration or supervision in accordance with the conditions laid down in Article L. 442-13;
      2 ° In other forms of companies or in the Groups of economic interest, decide that the partners or members of the group should be informed of the situation, to which the manager or the directors are required to communicate the requests for explanation of the delegates
      The notice of The public accountant is attached to the reference or information referred to above.
      " Information concerning the undertaking disclosed pursuant to this Article shall be confidential in nature. Any person who has access to it pursuant to that article shall be required to have a duty of discretion.
      " Art. L. 432-6. -In the absence of an enterprise committee, staff delegates can communicate to their employer any suggestions for improving the performance and general organisation of the company. In addition, they shall ensure, in conjunction with the head of enterprise, the functioning of all social institutions of the establishment, whatever its form and nature. In addition, they are consulted on measures taken to facilitate the employment of disabled workers.
      " If there is no hygiene, safety and working committee, the staff delegates shall The missions assigned to this committee under the conditions set out in the second and fourth paragraphs of Article L. 238-1.


      "Chapter III



      " Composition and elections


      " Art. L. 433-1. -The number of staff delegates is determined on a basis set by regulations taking into account the number of employees. He is elected as many alternate delegates as well as holders. The calculation shall be carried out in accordance with the conditions laid down in Article L. 620-8 of this
      . Art. L. 433-2. -Delegates are elected on the one hand by the workers and employees, on the other hand, by the engineers, heads of service, technicians, masters and assimilates on the lists drawn up by the representative trade unions within each Establishment for each category of staff.
      " Any trade union affiliated with a representative organisation at national level or recognised representative in Mayotte pursuant to Article L. 412-3 shall be considered representative in The enterprise for the purposes of this chapter.
      " Art. L. 433-3. -The number and composition of the electoral colleges may not be amended by a convention, a collective labour agreement, extended or not, or a pre-electoral agreement only when the agreement or agreement is signed by all the organisations Representative trade union in the company. The pre-election agreement must be transmitted to the labour inspector.
      " The distribution of staff in the electoral colleges and the distribution of seats between the different categories are the subject of an agreement between the head of enterprise Or its representative and interested union organizations.
      " In the event that such agreement cannot be obtained, the labour inspector shall distribute such an agreement among the electoral colleges in accordance with the first paragraph or, failing that, by Application of Article L. 433-2.
      " On the occasion of the preparation of the pre-electoral agreement protocol referred to above, interested trade unions shall examine ways and means to achieve a balanced representation of women And men on the lists of candidates.
      " In the event that the judge of first instance, before the elections, decides on the establishment of a system of checks on their regularity, the freedom and the sincerity of the vote, the costs Trained by these measures are the responsibility of the employer.
      " Art. L. 433-4. -The loss of the quality of a separate establishment recognised by a judicial decision shall result in the termination of the duties of the staff representatives unless otherwise agreed between the chief of business and the representative trade unions in The company allowing staff delegates to complete their mandate.
      " Art. L. 433-5. -Arrangements shall be made by agreement of the employer and the trade unions concerned to facilitate, where appropriate, the representation of employees working in successive teams or under conditions that insulate them from all Other employees.
      " Art. L. 433-6. -In establishments not exceeding twenty-five employees and electing only one delegate and one alternate delegate, the staff delegates shall be elected by a single electoral college grouping all occupational
      . Art. L. 433-7. -Employed the employees of the two sexes aged sixteen years, having worked at least three months in the
      . However, should not be entered on the lists of electors:
      " 1 ° Convicted persons for the Theft, fraud, recel, breach of trust, sexual assault, subtraction by a depositary of public authority, false testimony, corruption and influence peddling, false and for offences punishable by theft, Fraud and breach of trust;
      " 2. The persons to whom the courts have prohibited the right to vote and election by means of the laws that permit this prohibition, within the time limit fixed by the judgment
      Art. L. 433-8. -The following are eligible, with the exception of the spouses, ascendants, descendants, brothers, sisters and allies to the same degree as the entrepreneur, the 18-year-old voters who have worked in the business without interruption for a year in the Less.
      " Employees occupying part-time jobs simultaneously in several enterprises are eligible only in one of these enterprises; they choose the one in which they apply.
      " Art. L. 433-9. -There is no incompatibility between the duties of delegate of staff and those of a member of the works
      . Art. L. 433-10. -The labour inspector may, after consulting the representative trade unions within the meaning of Article L. 412-3, authorise derogations from the conditions of seniority for the electorate, in particular in the event that their application is Reduce to less than two-thirds of the number of employees fulfilling these conditions.
      " It may also, after consulting the representative trade unions within the meaning of Article L. 412-3, authorise derogations The conditions of seniority for eligibility in the event that the application of those provisions would lead to a reduction in the number of eligible persons which would not allow the normal organisation of electoral
      . Art. L. 433-11. -The election shall be held by secret ballot in the envelope. Separate votes shall be cast for the incumbent and alternate members in each of the occupational categories forming separate colleges.
      " The election takes place during working time. However, a contrary agreement may be concluded between the employer and all the representative trade union organisations existing in the undertaking, in particular in the case of continuous work.
      " The arrangements for organising and carrying out the Elections are the subject of an agreement between the head of the undertaking and the trade unions concerned. This agreement must respect the general principles of electoral law. The arrangements on which no agreement has been reached may be laid down by a decision of the first instance judge acting as a last resort in the form of the applications
      to. Art. L. 433-12. -The voting is a two-round list with proportional representation at the highest average.
      " In the first round of voting, each list shall be drawn up by the representative trade unions within the meaning of Article L. 412-3. If the number of voters is less than half of the registered voters, a second round of voting shall be carried out within 15 days for which the voters may vote for lists other than those presented by the Union organizations.
      " Where the name of a candidate has been raturated, the ratures shall not be taken into account if their number is less than 10 % of the valid votes cast in favour of the list on which that candidate is listed; in that Candidates are declared elected in the order of presentation.
      " Art. L. 433-13. -Challenges relating to the electorate and the regularity of electoral operations are within the jurisdiction of the Court of First Instance, which acts as a last resort. The decision may be referred to the Court of Cassation
      Where a challenge makes the use of an education measure indispensable, the costs of such a measure shall be borne by the
      . Art. L. 433-14. -Staff delegates are elected for two years and eligible for
      . Their duties shall be terminated by death, resignation, termination of employment contract or loss of eligibility requirements. They retain their mandate in case of occupational category change.
      " In the event of a change in the legal position of the employer as referred to in the second paragraph of Article L. 122-24, the mandate of the staff representatives of The business that was the subject of the amendment remains when that company retains its legal autonomy.
      " If that undertaking becomes an establishment within the meaning of this Title, or if the amendment referred to in the preceding paragraph relates to One or more separate establishments that retain this character, the mandate of the delegates of the staff elected in the undertaking or in each institution concerned continues to the end. However, the term of office may be reduced or extended, to take account of the usual date of the elections in the host undertaking, by agreement between the new employer and the representative trade union organisations existing in the or Institutions that are absorbed or, failing that, the staff delegates concerned.
      " Any staff representative may be dismissed in the course of his term of office, on the proposal of the trade union organisation which submitted it, approved by secret ballot by the Majority of the electoral college to which it belongs.
      " Art. L. 433-15. -Where a delegate holds office for one of the causes referred to in Article L. 433-14, or is temporarily absent for any cause, his replacement shall be provided by an alternate member of a list presented by The trade union organization that presented the list on which the incumbent was elected, with priority given to the alternate for the same category.
      " If there is no substitute elected on a list presented by the trade union organisation Which has presented the holder, the replacement shall be provided by the candidate nominated by the same organisation and coming on the list immediately after the last elected candidate either as a holder or as an alternate and, failing that, by the alternate of the Same category that received the largest number of votes.
      " The alternate shall become the holder until the return of the replacement or until the renewal of the institution
      Art. L. 433-16. -In any undertaking or organisation referred to in Article L. 431-1, the Head of Company shall inform the staff every two years of the organisation of the elections with a view to the appointment of staff delegates. The document shows the proposed date for the first round of these elections, which must be placed no later than the forty-fifth day following the date of the
      . At the same time, interested trade unions are invited by the Chief of business to negotiate the pre-election memorandum of understanding and to establish lists of their candidates for the duties of staff delegate.
      " In the case of a renewal of the institution, this invitation must be made one month before The expiration of the mandate of the exercise delegates. The first round of elections must be held in the fortnight before the expiry of this mandate.
      " In the event that, in the absence of staff representatives, the employer is invited to hold elections following a request from a An employee or a trade union organisation, he is required to initiate the above procedure, defined within one month of receipt of the said
      . Where the institution has not been established or renewed, a declaration of deficiency shall be Established by the chief of business; it shall display it in the undertaking and shall forward it within 15 days to the labour inspector who shall send a copy to the trade union organisations of representative employees within the meaning of Article L. 412-3.
      " Art. L. 433-17. -The election of staff delegates and the election of staff representatives to the works council takes place on the same date.
      " These simultaneous elections are for the first time involved in the setting up of the committee. Business, or at the date of the renewal of the institution.
      " The term of office of staff delegates is extended due to competition. It can be reduced in the event that the mandate of the works council expires before the mandate of the staff delegates.


      "Chapter IV



      " Operating


      " Art. L. 434-1. -The head of establishment shall be required to leave staff members within the limits of a duration which, except in exceptional circumstances, may not exceed 15 hours per month in undertakings with a workforce of at least fifty employees and 10 Hours per month in others, the time required to perform their duties.
      " This time is fully considered as working time and paid at the normal maturity. In the event of a dispute by the employer of the use made of the time so allocated, it is for the employer to refer the matter to the competent
      . The staff delegates who exercise the economic powers of the works council under the conditions Section L. 441-4 also has a credit of 24 hours per month.
      " Art. L. 434-2. -The head of establishment shall be required to make available to the staff delegates the premises necessary to enable them to carry out their tasks and, in particular, to
      . Delegates may make available the information they have For the purpose of bringing to the attention of the staff at the places required for this purpose, and the doors of entry to the places of work.
      " Art. L. 434-3. -For the performance of their duties, staff delegates may, during the hours of delegation, move outside the undertaking; they may also, both during the hours of delegation and outside their usual hours of work, Shall circulate freely within the undertaking and make all necessary contacts for the performance of their tasks, in particular with an employee at his or her place of work, subject not to any significant interference in the performance of the work of the Employees.
      " Art. L. 434-4. -Delegates shall be received collectively by the Head of Institution or his representative at least once a month. The latter may be assisted by collaborators; together, they may not exceed that of the representatives of the incumbent staff. In addition, they are received, in the event of an emergency, on their request. If the company is an anonymous company and have claims to be submitted to which it could not be acted upon until after deliberation by the board of directors, they must be received by the board, on their request, in the presence of The Director or his representative with knowledge of the claims submitted.
      " Delegates are also received by the Head of Institution or his representatives, on their request, either individually or by category, or by workshop, Service or professional speciality according to the questions they have to deal with.
      " In all cases, alternate delegates may attend meetings with employers. Staff representatives may, at their request, be assisted by a representative of a trade union
      . The time spent by staff delegates, holders or alternates, in meetings provided for in this Article shall be paid as Working time. It is not deducted from the hours credit available to the delegated staff delegates.
      " Art. L. 434-5. -In the absence of exceptional circumstances, staff delegates shall submit to the Head of Institution, two working days prior to the date on which they are to be received, a written note outlining the subject matter of the applications
      . Employer responds in writing To these requests no later than six business days after the meeting.
      " The requests of the delegates and the reasoned responses of the employer are either transcribed onto a special register or appended to that register.
      " This register and The documents attached to it must be kept, for one working day per fortnight and outside their working hours, at the disposal of employees of the institution who wish to read it.
      " They are also required to Layout of the labour inspector and staff delegates.


      "Chapter V



      " Dismissal of staff delegates


      " Art. L. 435-1. -Any dismissal envisaged by the employer of a staff representative, whether incumbent or substitute, must be submitted to the works council, which shall give an opinion on the termination
      . Dismissal can only be made on Authorization of the labour inspector on which the institution depends. When there is no enterprise committee, the labour inspector is entered directly.
      " However, in the event of serious misconduct, the head of the undertaking may decide to lay off the person concerned immediately pending the decision Final. In the event of a refusal of dismissal, the layoff shall be cancelled and its effects shall be deleted as of right.
      " The same procedure shall apply to the dismissal of former staff delegates for the first six months following the expiry of their term of office or The disappearance of the institution.
      " The same procedure shall apply where the letter from the trade union notifying the employer of the candidature for the duties of a staff representative has been received by the employer or where the employee has proved that The employer was aware of the imminence of his application before the candidate had been summoned to the pre-employment interview under Article L. 122-27.
      " When a delegate of staff is included in a partial transfer By virtue of the second subparagraph of Article L. 122-24, the transfer of that employee shall be subject to the prior authorisation of the labour inspector, who shall ensure that the employee is not the subject of a measure Discriminatory. If the transfer authorization is refused, the employer must offer the employee a similar job with equivalent remuneration in another institution or part of the business.
      " The duration of the fourth paragraph shall be Also six months for candidates, first as in the second round, to the duties of staff delegate from the publication of applications. The duration of six months shall be from the sending, by registered letter to the employer, of the lists of applications or from the date of their discharge.
      " To facilitate the establishment of the institution of the delegates, the employees Who have requested the employer to organise the elections of staff delegates, or agree to organise these elections, shall enjoy the procedure laid down in the above paragraphs for a period of six months from the date of sending to the employer The recommended letter from which an organization has, first, requested or accepted that it be held in elections or as of the date on which it is given to the employer or its own representative against discharge.
      " The Procedure referred to in the preceding paragraph may apply only to one employee by trade union organisation and to the first employee, who has not been mandated by a trade union organisation, who has requested the organisation of the elections
      This procedure is Also applicable to staff delegates established by conventional means.
      " In the event of judicial reorganization or liquidation, any dismissal of an employee referred to in the preceding paragraphs shall be subject to the procedure laid down in the present Item.
      " Art. L. 435-2. Article L. 435-1 shall apply where the employee, former delegate of staff, former delegate or candidate for the position of delegate has a fixed-term contract, shall apply if the employer intends to terminate the contract before The expiry of the term due to a serious fault of the employee, or does not intend to renew the contract with a term deferral clause.
      " The arrival of the term of the contract shall terminate the contractual relationship only after a finding by The labour inspector, seized under the conditions laid down in Article L. 435-1, that the employee is not discriminated against. One month before the end of the contract, the employer must refer the matter to the labour inspector, who must rule before the date of the
      . The provisions of the two preceding paragraphs shall apply within the time limits laid down in Article 1. Previous.
      " Art. L. 435-3. -The cancellation by the Minister of Labour of a decision of the labour inspector authorising the dismissal of an employee referred to in Articles L. 435-1 and L. 435-2 shall, on a hierarchical basis, take precedence for the employee concerned and if he so requests Within two months of notification of the decision, right to reinstatement in his or her employment or equivalent.
      " The same shall apply in the case where, unless a stay of execution ordered by the Council of State, the judge Administrative has annulled a decision of the labour inspector or the minister responsible for labour authorizing such dismissal.
      " The employee concerned shall be reinstated as a delegate if the institution has not been renewed. If it does not, it shall enjoy for a period of six months from the day on which it finds its place in the undertaking, the procedure laid down in Article L. 435-1.
      " When the cancellation of the authorisation decision has become final, The staff representative shall be entitled to the payment of compensation in respect of all the damage suffered during the period between his dismissal and reinstatement, if he has requested it within the period provided for in the first subparagraph, or The expiry of that period if it does not. This payment is accompanied by the payment of contributions for that allowance, which is a salary supplement.


      "Chapter VI



      " General


      " Art. L. 436-1. -The provisions of this Title shall not preclude more favourable provisions resulting from collective agreements or agreements relating to the appointment and duties of staff
      . No limitation can be The provisions relating to the appointment and the exercise of the duties of the staff representative, as defined by this Title, by a memorandum or by a unilateral decision of the Directorate. "

      Article 23


      Book IV of the same Code is created as follows:


      " TITLE IV



      "ENTERPRISE COMMITTEES



      " Chapter I



      "Application Field


      " Art. L. 441-1. -Works councils are set up in all industrial and commercial enterprises, public and ministerial offices, liberal professions, civil societies, trade unions, mutual societies, Social security bodies, with the exception of those which have the character of an administrative public establishment, and the associations irrespective of their form and purpose, employing at least fifty employees
      The establishment of a committee It is compulsory only if the number of employees of at least fifty employees is attained for 12 months, consecutive or not, in the previous three years.
      " In undertakings employing fewer than fifty employees, committees May be created by collective agreement or collective agreement.
      " The provisions of this Title shall apply to public establishments of an industrial and commercial character and to public establishments determined by decree Which ensure both a public service mission of an administrative, industrial and commercial nature, when they employ staff under the conditions of private law. However, these provisions may, taking into account the special characteristics of some of these establishments and any existing staff representation bodies, be adapted for these establishments, subject to the Ensure the same guarantees for the employees of these establishments. These adaptations result from decrees in the Council of State.
      " The said provisions shall also apply to farms, undertakings and agricultural establishments and to agricultural professional bodies of any kind Are, which employ the employees.
      " Where an economic and social unit of at least fifty employees is recognised by convention or by a court decision between several legally distinct undertakings, the establishment of a Common works committee is required.
      " Art. L. 441-2. -In undertakings with a workforce of less than two hundred employees, the entrepreneur has the right to decide that the staff delegates constitute the staff delegation to the works council. It can only take this decision after consulting with the staff delegates and, if it exists, the works council.
      " In this case, the staff delegates, the number of which is fixed by decree in the Council of State, and the works council Retain all of their duties. The meetings referred to in Articles L. 434-4 and L. 444-3, which shall be held at least once a month upon convocation by the head of the undertaking, shall be held following each other according to the rules of each of those bodies. By way of derogation from the rules laid down in Articles L. 434-1 and L. 444-1, staff delegates shall have, within the limits of a period which, except in exceptional circumstances, may not exceed twenty hours per month, the time required for the exercise of the Duties devolved to staff delegates and the Works Council.
      " The faculty provided for in this Article shall be open for the establishment of the Works Council or for the renewal of the institution
      The duration of the The mandate of the staff delegates is extended due to competition. It may be reduced in the event that the mandate of the works council expires before the mandate of the staff
      . Art. L. 441-3. -The staff shall be determined in accordance with the provisions of Article L. 620-8
      Art. L. 441-4. -In the absence of an enterprise committee, as a result of a deficiency found in the conditions laid down in Article L. 443-11, the economic powers which are the responsibility of the Committee shall be exercised temporarily by the staff
      . All Removal of an enterprise committee shall be subject to an agreement between the chief of business and all representative trade union organisations in the
      . Failing agreement, the Director of Labour, Employment and Training May authorise the removal of the works council in the event of a significant and lasting reduction in staff which reduces the number of employees below fifty employees.
      " Any union affiliated with a representative organization on the plan National or recognised representative in Mayotte pursuant to Article L. 412-3 shall be considered representative in the undertaking for the purposes of this
      . Art. L. 441-5. -The purpose of the works council is to ensure a collective expression of employees, allowing the permanent consideration of their interests in decisions relating to the management and economic and financial development of the enterprise, to Work organisation, vocational training and production techniques.
      " It formulates, at its own initiative, and examines, at the request of the head of enterprise, any proposal to improve the conditions of work, employment and Professional training for employees, their living conditions in the company.
      " It shall carry out its tasks without prejudice to the provisions relating to the expression of employees and staff
      . Art. L. 441-6. -The decision of the chief of business must be preceded by the consultation of the works
      . In order to enable it to formulate a reasoned opinion, the works council must have precise and written information supplied by the chief Of an undertaking, of a sufficient period of review and of the reasoned response of the entrepreneur to his own observations
      For the performance of its tasks, the works council has access to the necessary information held by the administrations Public and bodies acting on their behalf, in accordance with the provisions in force concerning access to administrative
      . It may also undertake the necessary studies and research at its mission.
      " Art. L. 441-7. -Where the Head of Company makes a public announcement relating exclusively to the economic strategy of the undertaking and whose implementation measures are not such as to affect significantly the working conditions or Of employment, the works council shall meet in full on its request within forty-eight hours of the said announcement. The employer is required to provide any useful explanation.
      " The head of business shall not make a public announcement whose implementation measures are such as to significantly affect the working or employment conditions of the Employees only after informing the works council.
      " The absence of information from the Works Council, pursuant to the foregoing provisions, shall be subject to the penalties provided for in Articles L. 450-3 and L. 450-4.
      " Art. L. 441-8. -The works council has civil personality and manages its heritage.
      " It shall determine, in an internal regulation, the arrangements for its operation and those of its relations with the employees of the undertaking, in respect of the exercise of Tasks assigned to it by this Chapter.
      " Art. L. 441-9. -The works council may organise, in the premises at its disposal, information meetings, internal to staff, including topical issues.
      " The works council may invite external personalities, Trade union or other, subject to the agreement of the head of the
      . These meetings take place outside the working time of the participants, with the exception of the members of the works council who may meet on their delegation time.


      "Chapter II



      " Terms and authorities


      " Art. L. 442-1. -In the economic order, the works council shall be required to be informed and consulted on matters relating to the organisation, management and general operation of the undertaking and, in particular, on measures of a nature to affect the volume or Staff structure, duration of work, conditions of employment, work and professional training of staff
      The works council is compulsorily seized in due course of downsizing projects; it issues a Notice of the proposed transaction and its terms and conditions of application. This opinion shall be forwarded to the competent administrative
      . The Committee shall be informed and consulted on the modifications of the economic or legal organisation of the undertaking, in particular in the event of a merger, transfer, substantial modification of the Production structures of the undertaking as well as the acquisition or transfer of subsidiaries within the meaning of Article L. 233-1 of the Commercial Code. The head of business must indicate the reasons for the proposed changes and consult the committee on the measures that are being considered with respect to employees when these changes have consequences for them. It is also required to consult the works council when it takes an interest in a company and to inform it when it is aware of a shareholding in which its business is the object
      In case of filing of an offer Or public exchange offer for a business, the head of that company immediately brings together the works council to inform it. During this meeting, the Committee decides whether it wishes to hear the author of the offer and may decide on the friendly or hostile nature of the offer. The latter address to the committee of the undertaking which, within three days of its publication, is the subject of the information note referred to in the third subparagraph of Article L. 621-8 of the Monetary and Financial Code. The hearing of the author of the tender shall take place in the forms, conditions, deadlines and penalties provided for in the following paragraphs.
      " Within 15 days of the publication of the information note, the works council shall be convened To carry out its examination and, where appropriate, to the hearing of the author of the offer. If the Works Council has decided to auditioning the author of the offer, the date of the meeting shall be communicated to the latter at least three days in advance. At the meeting, the author of the offer, who may be assisted by the persons of his choice, becomes aware of any observations made by the works council. The latter may be assisted in advance and at the meeting of an expert of his choice under the conditions laid down in the last two paragraphs of Article L. 444-5.
      " The company that has filed an offer, including the business leader, or Representative that he designates among the social agents or employees of the undertaking, does not attend the meeting of the works council to which he has been invited under the conditions laid down in the two preceding paragraphs shall not exercise the rights of Voting in respect of the shares of the company that is the subject of the offer that it holds or would be required to hold. This prohibition extends to the companies that control it or that it controls within the meaning of Article L. 233-16 of the Commercial Code. An identical sanction shall apply to the author of the tender, a natural person, who shall not attend the meeting of the works council to which he has been invited under the conditions laid down in the two preceding
      . The sanction shall be lifted on The day after the day on which the author of the tender was heard by the company committee of the company being the subject of the tender. The penalty shall also be waived if the author of the offer is not convened at a new meeting of the Works Council within 15 days of the meeting to which he had previously been
      . He is also informed and Consulted before any declaration of termination of payments and where the undertaking is the subject of a judicial reorganization or liquidation procedure, before any decision on the continuation of the activity and in the elaboration of the Draft plan of reorganization or liquidation of the undertaking under the conditions laid down in Articles L. 621-56, L. 621-61 and L. 621-91 of the Commercial Code. The person or persons designated by him in accordance with Article L. 623-10 of the said Code shall be heard by the competent court under the conditions laid down in Articles L. 621-4, L. 621-60, L. 621-27, L. 621-62 and L. 621-69 of the said Code.
      " The Company committee is consulted each year on the company's research and technological development policy. By default, state aid for research and technological development activities is suspended.
      " Art. L. 442-2. -Where a company is a party to a concentration operation as defined in Article L. 430-1 of the Commercial Code, the Head of Company shall convene the Works Council no later than three days from the date of publication In the third paragraph of Article L. 430-3 of the same code
      At that meeting, the works council shall decide on the use of an expert in accordance with the conditions laid down in Article L. 444-5. In this case, the works council will hold a second meeting to hear the results of the expert's
      . The provisions of the first paragraph shall be deemed to be satisfied when the works council meets in accordance with the fourth paragraph Article L. 442-1.
      " Art. L. 442-3. -Each year, on the occasion of the meeting provided for in the sixth subparagraph of Article L. 442-9, the works council shall be informed and consulted on the development of employment and qualifications in the undertaking over the last year. It shall be informed and consulted on annual or multi-year forecasts and actions, including prevention and training, which the employer intends to implement in the light of these forecasts, particularly for the benefit of older employees Or have social or qualification characteristics that expose them more than others to the consequences of economic or technological change.
      " The Employer shall provide any explanation of any discrepancies between The forecasts and actual development of the employment, as well as the conditions for the implementation of the actions foreseen for the previous year.
      " Prior to the consultation meeting, the members of the committee shall receive a written report containing Any relevant information on the situation of the undertaking, in particular those provided for in this Article and in Article L. 442-10.
      " This report and the minutes of the meeting shall be transmitted within 15 days to the administrative authority Competent.
      " Art. L. 442-4. -Where the restructuring and downsizing project submitted to the Works Council pursuant to Article L. 442-1 is such as to affect the volume of activity or employment of a subcontracting undertaking, the undertaking giving the order Must immediately inform the subcontractor. The works council of the latter, or in the absence of the staff delegates, shall be immediately informed and receive any useful explanation of the likely evolution of the activity and employment.
      " Art. L. 442-5. -The works council shall be informed and consulted prior to any major project for the introduction of new technologies where they are likely to have an impact on employment, qualification, remuneration, training or The working conditions of staff. Committee members shall receive, one month prior to the meeting, information on these projects and their implications for the above.
      " When the employer plans to implement technological change Is important and fast, it must establish an adaptation plan. This plan shall be forwarded, for information and consultation, to the Works Council together with the other information relating to the introduction of new technologies. In addition, the Works Council shall be regularly informed and regularly consulted on the implementation of this plan
      Art. L. 442-6. -The works council shall be informed, in advance of their use, of the methods or techniques used to assist in the recruitment of candidates for employment and on any modification
      . He is also informed, prior to their Introduction into the business, automated personnel management processing and any changes to them.
      " The works council shall be informed and consulted, prior to the implementation decision in the undertaking, on the Means or techniques for controlling employee activity.
      " Art. L. 442-7. -The works council is informed and consulted on general problems concerning the working conditions resulting from the organisation of work, technology, conditions of employment, organisation of working time, qualifications And compensation modes.
      " To this end, it studies the impact on the working conditions of the employer's projects and decisions in the above areas and makes proposals. It shall benefit from the assistance of the Committee on Health, Safety and Working Conditions of Contents, subject to the competence of this Committee, whose opinions are transmitted to
      . The works council may delegate to the health and safety committee And working conditions to carry out studies on matters of the competence of the latter committee.
      " The works council shall be consulted on the duration and layout of working time as well as on the spreading plan Leave in accordance with Article L. 223-7.
      " It is also consulted, in liaison with the Committee on Health, Safety and Working Conditions, on the measures taken to facilitate the implementation of the Injured workers, war invalids and the like, civilian invalids and disabled workers.
      " It must be consulted on the guidelines for vocational training in the enterprise.
      " The Works Council Shall be informed and consulted prior to the establishment of a collective guarantee designed to provide for the benefit of employees, former employees and their successors in title, the coverage of the risk of death, of risks bearing Damage to the physical integrity of the person or related to motherhood, the risks of incapacity for work or disability, the risks of inaptitude and the risk of unemployment, and the creation of benefits in the form of retirement pensions, Severance pay, severance pay or severance pay or changes to the employee's retirement or retirement compensation.
      " The works council must be consulted on:
      " 1 ° The company's learning objectives;
      " 2 ° Number of apprentices who may be welcomed into the enterprise by initial level of training, by diploma, certified title or engineer's title;
      " 3 ° Conditions for the implementation of apprenticeship contracts, in particular the Arrangements for reception, adaptation, coaching and monitoring of apprentices;
      " 4 ° The link between the company and the apprenticeship training centre;
      " 5 ° Conditions for the implementation of the conventions Assistance with the professional choice of students in the preparatory class for learning.
      " In addition, it is informed about:
      " 1 ° Number of apprentices hired by the firm, by age and sex, diplomas, registered titles or titles Engineer obtained in whole or in part by the apprentices and the manner in which they were obtained;
      " 2 ° The job prospects for apprentices.
      " Art. L. 442-8. -Each year, the head of the company submits for opinion to the works council or, failing that, to the staff delegates, either directly or, if it exists, through the commission provided for in the last paragraph of Article L. 444-6, a report Written on the comparative situation of the general conditions of employment and training of women and men in the company. As such, this report includes an analysis on the basis of relevant indicators, based in particular on quantified elements, defined by decree and possibly supplemented by indicators which take account of the particular situation of The undertaking to assess, for each of the occupational categories of the undertaking, the respective situation of women and men in the field of employment, training, vocational promotion, qualification, classification, Working conditions and effective remuneration. This report lists the measures taken in the past year in order to ensure professional equality, the objectives set for the coming year and the qualitative and quantitative definition of the actions to be taken in this respect, as well as the evaluation of Their cost.
      " In the event that actions provided for in the previous report or requested by the Committee have not been carried out, the report shall give reasons for such non-
      . The report, as amended, where appropriate, to take account of the opinion For reasons of the works council, shall be transmitted to the labour inspector accompanied by the said opinion within 15
      . This report is made available to any employee who requests it.
      " The indicators mentioned in the first Paragraph of this Article shall be worn by the Employer to the knowledge of employees by way of posting on the work place and, possibly, by any other means adapted to the conditions for the exercise of the business.
      " Art. L. 442-9. -One month after each election of the works council, the head of company shall communicate to him economic and financial documentation which shall specify:
      " (a) The legal form of the enterprise and its organization;
      (b) Perspectives Business economic as they can be considered;
      " (c) Taking into account the information available to the head of business, the distribution of capital among shareholders holding more than 10 % of the capital and the position of The enterprise in the industry to which it belongs.
      " At least once a year, the entrepreneur presents to the works council a written comprehensive report on the business activity, turnover, profits or Losses, the overall results of production in terms of value and volume, large transfers of capital between the parent company and the subsidiaries, the situation of subcontracting, the allocation of realised profits, European aid And the aid or financial benefits, in particular employment aid, granted to the undertaking by the State and local authorities and their employment, investments, changes in the structure and the amount of wages. In enterprises with at least three hundred employees, this report also traces the evolution of productivity and the rate of utilization of production capacities, when these elements are measurable in the enterprise.
      " The Chief of Business Shall submit, on that occasion, a statement showing the development of the average hourly and monthly remuneration by sex, by categories as provided for in the relevant working agreement and by establishment, and the remuneration Minimum and maximum hourly and monthly, during the year and compared to the previous year.
      " This report also details the company's economic outlook for the coming year.
      " In commercial companies, the Shall communicate to the Committee, prior to their presentation to the General Meeting of the Shareholders or to the Assembly of the Associates, all the documents necessarily transmitted annually to those Assemblies and the Report of the Auditors.
      " The Committee may make any useful observations on the economic and social situation of the undertaking; such observations shall be transmitted to the meeting of shareholders or partners at the same time as The report of the Board of Directors, the Executive Board or the
      . The Committee may call the auditors to receive their explanations on the various items of the documents disclosed and on the financial situation From Enterprise.
      " The members of the works council shall be entitled to the same communications and copies as the shareholders and at the same time under the conditions laid down by the code of
      . The works council receives Disclosure of accounting documents prepared by businesses that do not have the form of a business corporation.
      " In the companies referred to in Article L. 232-2 of the Commercial Code, the documents drawn up pursuant to Article L. 232-2 Articles L. 232-2 and L. 232-3 of the same code shall be communicated to the works council. The same applies to corporations not covered by this section that establish these documents. The information given to the works council pursuant to this paragraph shall be deemed confidential within the meaning of Article L. 442-16. The preceding provisions shall apply to the economic interest groups referred to in Article L. 251-13 of the Commercial
      . The works council shall also receive the report referred to in Articles L. 223-37 and L. 225-231 of the Trade code and replies, reports and deliberations in the cases provided for in Articles L. 234-1, L. 234-2 and L. 251-15 of the same code
      During each quarter, the Head of Business shall inform the Works Council of the The general evolution of the orders and the financial situation, the implementation of the production programmes and possible delays in the payment by the undertaking of social security contributions or of contributions due to the Supplementary pension institutions. Each quarter in the undertakings of at least three hundred employees and each semester in the others, the Head of Company shall also inform the Committee of the measures envisaged in respect of the improvement, renewal or conversion of Equipment or methods of production and operation and their impact on working and employment conditions.
      " Art. L. 442-10. -Every quarter in the enterprises of at least three hundred employees and each semester in the others, the entrepreneur informs the works council of the employment situation which is analysed by tracing, month by month, the evolution of the The number of employees under contract of employment on an indeterminate basis, the number of employees under fixed-term employment contracts, the number of employees under contract with Part-time work. The Chief of Business must also present to the Committee the reasons for the use of the latter two categories of staff. Finally, it communicates to it the number of working days carried out in each of the last three or six months by employees under fixed-term contracts and the number of contracts assisted mentioned in books III and VII of the Present code.
      " Where, between two meetings of the Committee provided for in the preceding paragraph, the number of employees employed in the undertaking under a fixed-term contract increases significantly in relation to the existing situation At the last meeting of the Committee, the consideration of this matter shall be fully included in the agenda of the next ordinary meeting of the Committee provided for in the first paragraph of Article L. 444-3 if the majority of the members of the Committee Request.
      " At this meeting, the head of the company is required to communicate to the works council the number of employees under contract of fixed-term employment, the reasons why it was used and the number of working days Carried out by the persons concerned since the last communication of information made on this subject by the entrepreneur.
      " Where the works council is aware of facts likely to characterise an abuse of contracts Or where there is a significant increase in the number of employees employed in the undertaking on a fixed-term contract, he may decide to refer the matter to the labour inspector in order to Findings that it considers useful.
      " Without prejudice to his powers under Articles L. 610-1 and L. 610-9, the Labour Inspector shall provide the employer with the report of his findings. The employer shall communicate this report to the Works Council together with its reasoned reply to the findings of the labour inspector in which it specifies, as appropriate, the means which it implements in the context of a plan of Resorption of precariousness in order to limit the use of these forms of employment
      . In the absence of an enterprise committee, the staff delegates may exercise the powers conferred on the works council for the application of The preceding paragraph.
      " Art. L. 442-11. -The works council or, failing that, the staff delegates are informed of the conclusion of the agreements opening up to assisted contracts. They receive each quarter in companies with more than three hundred employees and every six months in the other companies a balance sheet of total hirings and net job creation in this framework.
      " Art. L. 442-12. -In undertakings with less than three hundred employees, the head of undertaking shall submit to the works council once a year a report which replaces all the information and documents of an economic, social and financial nature, whatever Their periodicity, as provided for in Articles L. 442-3, L. 442-8, L. 442-9 (tenth, eleventh, twelfth and last sentences of the last paragraph) and L. 442-10 of this Code.
      " This report is about:
      " 1 ° Activity and financial situation of Enterprise;
      " 2 ° The balance of part-time work in the enterprise;
      " 3 ° Changes in employment, qualifications, training and wages;
      " 4 ° Comparative situation of general conditions of employment and training Women and men;
      " 5 ° Actions for the employment of employees with disabilities in the
      . The members of the works council shall receive the annual report fifteen days before the meeting
      The report, as modified After the meeting of the works council, shall be forwarded to the labour inspector, accompanied by the opinion of the committee, within 15
      . Detailed rules for the application of this Article shall be specified by decree in Council "State.
      " Art. L. 442-13. -I.-Where the works council is aware of facts which give a worrying effect to the economic situation of the undertaking, it may ask the employer to provide explanations
      This application shall be recorded in law Agenda for the next session of the Works Council.
      " II. -If it has not been able to obtain a sufficient response from the employer or if it confirms the worrying nature of the situation, it shall draw up a report
      This report shall be forwarded to the Employer and to the Auditor.
      " The Works Council May be assisted, once a year, by the public accountant provided for in the first paragraph of Article L. 444-5, to summon the auditor and to join with two employees of the company chosen for their competence with a consultative vote Outside the enterprise committee.
      " These employees have five hours each to assist the works council with a view to preparing the report. This time is paid to them as working time.
      " The report of the works council concludes by issuing an opinion on the advisability of referring to its findings the body responsible for the administration or supervision of companies or persons The partners in the other forms of companies or members in the economic interest groups.
      " In the light of this report, the works council may decide to proceed with this referral or To carry out this information under the conditions laid down in the third paragraph of Article L. 444-3. In this case, the opinion of the public accountant is attached to the referral or the information.
      " III. -In the case of a board of directors or a supervisory board, the matter shall be placed on the agenda of the next meeting of the board of directors or of the supervisory board, provided that the latter may have been referred to the Less than 15 days in advance. Response must be motivated.
      " These provisions shall apply in respect of the body responsible for the administration or supervision of other legal persons who have them.
      " IV. -In other forms of companies or in groupings of economic interest, where the works council has decided to inform the partners or members of the situation of the undertaking, the manager or the directors shall be obliged to communicate to The business committee report.
      " V.-Information concerning the undertaking disclosed pursuant to this Article is confidential in nature. Any person who has access to it pursuant to that article shall be required to have a duty of discretion.
      " Art. L. 442-14. -In the companies, two members of the works council, delegated by the committee and belonging one to the category of technicians and master's agents, the other to the category of employees and workers, attend with consultative voice to all Meetings of the board of directors or supervisory board, as the case may be. In societies where, pursuant to Article L. 443-2 below, there are three electoral colleges, the delegation of staff to the Board of Directors or the Supervisory Board shall be extended to four members, two of whom shall be members of the Category of workers and employees, the third to the category of masters and the fourth to the category of engineers, heads of service and administrative, commercial or technical frameworks assimilated in the classification scheme.
      " The Members of this staff delegation shall be entitled to the same documents as those addressed or given to the members of the Management Board or the Supervisory Board at their meetings. They may submit the wishes of the committee to the board of directors or to the supervisory board, which shall give a reasoned opinion on those wishes
      However, in the public establishments referred to in Article L. 441-1 and in undertakings National, national, public limited-liability companies or mixed economy companies in which the State holds more than half of the capital, directly or indirectly, by itself or by any of the establishments or companies referred to in this paragraph, The representation of the works council with the board of directors or supervisory board shall be provided by the secretary of the works council or the body that takes place.
      " Similarly, in public limited companies in which the Board Of directors or members elected by employees under Article L. 225-27 of the Code of Commerce, the representation of the works council with such boards shall be provided by a full member Of the committee designated by the latter.
      " In simplified stock companies, the statutes specify the social organ with which the works council delegates exercise the rights set out in this
      . Art. L. 442-15. -I.-In companies, the works council may seek the appointment of a representative to call the general meeting of shareholders in the event of an emergency.
      " It may also require the inclusion of draft resolutions To the agenda of the Assemblies.
      " II. -In the companies, two members of the works council, appointed by the committee and belonging to the category of technical and control officers, the other to the category of employees and workers, or, where appropriate, the persons Referred to in the third and fourth paragraphs of Article L. 442-14, may attend general meetings. They shall, at their request, be heard in all proceedings requiring the unanimous consent of the
      . Art. L. 442-16. -The members of the works council shall be bound by professional secrecy for all matters relating to manufacturing
      . In addition, members of the works council are required to have a duty of discretion with respect to the Information of a confidential nature and data as such by the entrepreneur or his representative.
      " Art. L. 442-17. -The works council shall ensure or monitor the management of all social and cultural activities established in the undertaking primarily for the benefit of employees or their families or participate in such management, irrespective of the mode of Financing, under conditions laid down by decree in the Council of
      . This Decree shall in particular determine the conditions under which the powers of the works council may be delegated to bodies set up by it and subject to its control As well as the rules for granting and extending the civil personality of works councils and bodies set up by them. It also sets out the conditions for financing social and cultural
      . In the event of a budgetary balance limited to 1 % of its budget, the members of the works council, after having voted by a majority vote, may decide on Pay these funds to a recognized humanitarian association of public utility in order to promote local action to combat exclusion or social reintegration actions.
      " Art. L. 442-18. -The contribution paid each year by the employer to finance social institutions of the works council cannot, under any circumstances, be less than the highest total of the sums allocated to the social expenditure of the undertaking reached in the course of the The last three years preceding the assumption of social and cultural activities by the works council, excluding temporary expenses when the corresponding needs have disappeared.
      " The report of this contribution to the Aggregate amount of wages paid cannot be less than the same existing ratio for the reference year defined in the preceding paragraph.
      " Art. L. 442-19. -Employees are informed of the company's policy regarding its choice of sponsorship and support for associations and foundations
      Art. L. 442-20. -The Works Council shall deliver opinions and wishes in the exercise of the advisory powers defined in Articles L. 442-1 to L. 442-9.
      " The Head of Business shall report on the reasons for the follow-up to these opinions and wishes.


      "Chapter III



      " Composition and elections


      " Art. L. 443-1. -The works council comprises the head of a company or its representative and a staff delegation comprising a number of members fixed by decree in the Council of State, taking into account the number of employees. This delegation shall include an equal number of holders and alternates. The alternates shall attend the meetings with a consultative vote. The calculation shall be carried out in accordance with the conditions laid down in Article L. 620-8 of this
      . The head of business or his representative may be assisted by two employees.
      " The number of members may be increased by means of Collective agreement or enterprise agreement between the entrepreneur and the representative trade unions in the company.
      " Each representative organisation of employees in the enterprise may appoint a representative to the Committee. He attended the meetings with a consultative vote. It must be chosen from among the employees of the undertaking and must fulfil the conditions of eligibility for the works council set out in Article L. 443-5.
      " Art. L. 443-2. -Staff representatives are elected, on the one hand, by the workers and employees, on the other hand, by the engineers, service managers, technicians, masters and assimilates on lists drawn up by the representative trade unions For each category of personnel.
      " Any trade union affiliated with a representative organisation at national level or recognised representative in Mayotte pursuant to Article L. 412-3 shall be considered representative in the undertaking for Application of this chapter.
      " In undertakings with more than five hundred employees, engineers, heads of service and other administrative, commercial or technical staff shall have at least one elected representative elected in the same Conditions.
      " In addition, in undertakings, irrespective of the size of their employees, where the number of engineers, heads of service and administrative, commercial or technical frameworks assimilated in the classification scheme is at least equal At twenty-five at the time of the establishment or renewal of the Committee, the said categories shall constitute a special
      . Without prejudice to the provisions of the preceding paragraph, the number and composition of election colleges shall not Be amended by an agreement, a collective labour agreement, whether extended or not, or a pre-election agreement, only when the agreement or agreement is signed by all the representative trade union organisations existing in the undertaking. The pre-election agreement must be transmitted to the labour inspector.
      " The distribution of seats between the different categories and the distribution of staff in the electoral colleges are the subject of an agreement between the head of enterprise Or its representative and interested union organizations.
      " In the event that this agreement cannot be obtained, the labour inspector shall decide on this allocation among the electoral colleges in accordance with the fifth paragraph of this Article Or, failing that, in accordance with the law.
      " On the occasion of the preparation of the pre-electoral agreement protocol referred to above, interested trade unions shall examine the ways and means to achieve a balanced representation of the Women and men on the lists of candidates.
      " Art. L. 443-3. -In the event that the judge of first instance, before the elections, decides on the establishment of a system of checks on their regularity, freedom and the sincerity of the vote, the costs of such measures shall be borne by Employer.
      " Art. L. 443-4. -Employed male and female employees of both sexes, sixteen years of age, working for at least three months in the
      . However, should not be entered on the lists of electors:
      " 1 ° Convicted persons for the Theft, fraud, recel, breach of trust, sexual assault, subtraction by a depositary of public authority, false testimony, corruption and influence peddling, false and for offences punishable by theft, Fraud and breach of trust;
      " 2. The persons to whom the courts have prohibited the right to vote and election by means of the laws that permit this prohibition, within the time limit fixed by the judgment
      Art. L. 443-5. -The following are eligible, with the exception of spouses, ascendants, descendants, brothers, sisters or allies to the same degree as the entrepreneur, 18-year-old voters who have been employed in the business without interruption for a year in the Less.
      " Employees occupying part-time jobs simultaneously in several enterprises are eligible only in one of these enterprises; they choose the one in which they apply.
      " Art. L. 443-6. -The labour inspector may, after consulting the representative trade unions in the undertaking, authorise derogations from the conditions of seniority for the electorate, in particular where their application would have the effect of Reduce to less than two-thirds the number of employees fulfilling these conditions.
      " The labour inspector may, after consulting the representative trade unions in the undertaking, authorise derogations from the Conditions of seniority for eligibility in the event that the application of these provisions would lead to a reduction in the number of eligible voters which would not allow the normal organisation of electoral
      . Art. L. 443-7. -The election shall be held by secret ballot and in the envelope. Separate votes shall be cast for the full members, the alternate members, in each of the occupational categories forming separate
      . The election takes place during working time. However, a contrary agreement may be concluded between the employer and all the representative trade union organisations existing in the undertaking, in particular in the case of continuous work.
      " The arrangements for organising and carrying out the Electoral operations shall be the subject of an agreement between the chief of business and the representative trade union organisations existing in the undertaking. This agreement must respect the general principles of electoral law. The arrangements on which no agreement has been reached may be laid down by a decision of the judge of the court of first instance acting as a last resort in the form of the applications
      to. Art. L. 443-8. -The voting is a list and two rounds with proportional representation at the highest average.
      " In the first round of voting, each list shall be drawn up by the representative trade unions within the meaning of Article L. 412-3. If the number of voters is less than half of the registered voters, a second round of voting shall be carried out within 15 days for which the voters may vote for lists other than those presented by the Union organizations.
      " Where the name of a candidate has been raturated, the ratures shall not be taken into account if their number is less than 10 % of the valid votes cast in favour of the list on which that candidate is listed; in that Candidates are declared elected in the order of presentation.
      " Art. L. 443-9. -Challenges relating to the electorate, the regularity of electoral operations and the appointment of trade union representatives are within the jurisdiction of the Court of First Instance, which acts as a last resort. The decision may be referred to the Court of Cassation
      Where a challenge makes the use of an education measure indispensable, the costs of such a measure shall be borne by the
      . Art. L. 443-10. -The members of the works council are elected for two years, their term of office is renewable
      The functions of these members shall be terminated by the death, resignation, termination of the employment contract or following a conviction resulting in Loss of eligibility. They retain their mandate in case of occupational category change.
      " Any member of the Committee may be dismissed on the basis of a proposal made by the trade union organisation which submitted it and approved by secret ballot by the Majority of the electoral college to which it belongs.
      " Where a member permanently ceases to hold office for one of the reasons mentioned above or is temporarily absent for any cause, his replacement shall be provided by an alternate member Belonging to a list presented by the trade union organisation which presented the list on which the holder to be replaced was elected, with priority given to the alternate of the same category.
      " If there is no elected alternate on a list Presented by the trade union organisation which presented the holder, the replacement shall be provided by the alternate of the same category who has obtained the largest number of votes.
      " The alternate shall become the holder until the return of that which he replaces Or until the enterprise committee is renewed.
      " Partial elections must be held at the initiative of the employer if, within 18 months after the election of the committee, an electoral college is no longer represented or if the Number of members with staff delegation reduced by half or more.
      " The by-elections shall take place in accordance with the conditions laid down in Article L. 443-8 to fill vacancies in the colleges concerned, on the Basis of the provisions in force at the previous election.
      " Candidates are elected for the remainder of the term of office.
      " Art. L. 443-11. -In any undertaking or organisation referred to in Article L. 441-1, the Head of Company shall inform, every two years, the staff, by way of posting, of the organisation of the elections with a view to the appointment of the members of the works council. The document shows the proposed date for the first round of these elections, which must be placed no later than the forty-fifth day following the date of the
      . Interested union organizations are invited by the Chief Business to negotiate the pre-election memorandum of understanding and to establish lists of their candidates as members of the works council.
      " In the case of a renewal of the committee, this invitation must be made one month before The expiry of the term of office of the current members. The first round of elections must be held in the fortnight before the expiry of this mandate.
      " In the event that, in the absence of a committee, the employer is invited to hold elections following an application by an employee or Trade union organisation, it is required to initiate the above procedure defined within one month of receipt of the said
      . Where the committee has not been established or renewed, a declaration of deficiency shall be drawn up by the chief of business ; it shall display it in the undertaking and shall forward it within 15 days to the labour inspector who shall send a copy to the trade union organisations of representative employees within the meaning of Article L. 412-3.
      " Art. L. 443-12. -In the event of a change in the legal position of the employer as referred to in the second subparagraph of Article L. 122-24, the term of office of the elected members of the works council and of the trade union representatives referred to in Article L. 443-1 of the undertaking Which has been modified remains when this company retains its legal autonomy.


      "Chapter IV



      " Operating


      " Art. L. 444-1. -For the performance of their duties, the elected members of the works council and the trade union representatives on the works council may, during the hours of the delegation, move outside the enterprise; they may also, during the hours Delegation that outside their usual working hours, move freely within the undertaking and make all necessary contacts for the performance of their tasks, in particular with an employee at his or her work station, subject to Not make any significant discomfort to the performance of the employees' work.
      " The head of enterprise shall be obliged to leave the members of the works council and, in the undertakings of more than five hundred employees, to the representatives To the works council provided for in Article L. 443-1, the time required for the performance of their duties within the limit of a term which, except in exceptional circumstances, may not exceed twenty hours per
      . This time is full The right considered as working time and paid at the normal maturity. In the event of a dispute by the employer of the use made of the time so allocated, it is for the employer to refer the matter to the competent
      . The time spent by the incumbent and alternate members at the meetings of the Committee and the meetings of the committees Provided for in the fourth and sixth paragraphs of Article L. 444-6 is also paid as working time. It shall not be deducted from the twenty hours specified in the second paragraph for the holding members.
      " With regard to trade union representatives provided for in Article L. 443-1, the time spent at the meetings of the Committee shall be paid to them as working time and Shall not be deducted in undertakings of more than five hundred employees of the twenty hours provided for in the second paragraph.
      " Art. L. 444-2. -The works council is chaired by the entrepreneur or his representative.
      " The Committee shall appoint a Secretary from among the full members, possibly assisted by two members who have a voice Advisory.
      " Art. L. 444-3. -In undertakings whose workforce is at least equal to one hundred and fifty employees, the Committee shall meet at least once a month upon convocation by the head of the undertaking or its representative. In undertakings whose workforce is less than one hundred and fifty employees, and except where the head of enterprise has opted for the application of the provisions of Article L. 441-2, the works council shall meet at least once every two Months. The Committee may, in addition, hold a second meeting at the request of the majority of its
      . The agenda shall be drawn up by the head of business and the secretary and communicated to members at least three days before the meeting. Where the Committee meets at the request of a majority of its members, the questions attached to the request for a meeting shall be included in the agenda of the
      . Resolutions are taken by a majority of the members present.
      " The Chair of the Committee shall not participate in the vote when consulting the elected members of the Committee as a delegation of staff
      In the event of a failure by the director of the establishment and at the request of at least half of the members of the committee, He or she may be summoned by the labour inspector and sit under his or her
      . Art. L. 444-4. -The head of the undertaking or his representative shall make known at the meeting of the Committee following the communication of the minutes his reasoned decision on the proposals submitted to him. The statements are recorded in the minutes.
      " The minutes, after being adopted, may be posted or distributed in the undertaking by the Committee Secretary, in the manner specified in the rules of procedure of the
      . Art. L. 444-5. -The Works Council may be assisted by an accounting expert of its choice with a view to the annual review of the accounts referred to in Article L. 442-9, eighth and twelfth paragraphs, and, within the limit of two times per year, for the examination of the Documents referred to in the thirteenth paragraph of the same article. An expert may also be assisted under the conditions laid down in Articles L. 442-2 and L. 442-13.
      " The task of the public accountant shall cover all the economic, financial or social elements necessary for the intelligence of the Accounts and the assessment of the company's situation.
      " To carry out any audit or control that enters the performance of these missions, the public accountant has access to the same documents as the auditor.
      " In the As part of the mission provided for in Article L. 442-2, the expert shall have access to the documents of all companies concerned by the operation
      The works council, in undertakings with at least three hundred employees, may, in addition, use a Expert on the occasion of any major project in the cases listed in Article L. 442-5. This expert has the information elements provided for in this article.
      " The public accountant and the expert referred to in the preceding paragraph shall be paid by the undertaking. They have free access to the enterprise.
      " The use of the expert referred to in the fourth paragraph of this Article shall be the subject of an agreement between the chief of business and the majority of the elected members of the committee. In the event of disagreement over the need for expertise, the choice of the expert, the extent of the task entrusted to him or any of those questions, the decision shall be taken by the President of the Court of First Instance, Emergency. The latter shall also have jurisdiction in the event of a dispute concerning the remuneration of the expert or the public accountant referred to in the first subparagraph of this
      . The works council may appeal to any expert paid by his or her care for the Preparation of its work. The use of an expert gives rise to the deliberation of the works council. The expert selected by the committee shall dispose of the documents held by the works council. It shall have access to the premises of the Committee and, under conditions laid down by agreement between the employer and the majority of the elected members of the Committee, to the other premises of the
      . The experts referred to above shall be bound by the obligations of secrecy and Discretion as defined in Article L. 442-16.
      " Art. L. 444-6. -The works council can create commissions for the examination of particular problems.
      " He or she may join the commissions in an advisory capacity with experts and technicians who are members of the company and selected outside the committee. The provisions of Article L. 442-16 shall apply to
      . Panel reports are subject to committee deliberation.
      " In undertakings employing at least two hundred employees, the works council shall be A training committee which is responsible for preparing the proceedings of the works council set out in Article L. 442-7.
      " The Commission is also responsible for examining the means of promoting the expression of Employees in the field of training and to participate in their information in the same field. It also looks at the specific problems concerning the employment and work of young people and the
      . In undertakings employing at least two hundred employees, the Works Council shall constitute a Committee on Equality Which is in particular responsible for preparing the proceedings of the works council provided for in Article L. 442-8.
      " Art. L. 444-7. -The head of company pays the committee an operating grant of an annual amount equivalent to 0.2 % of the gross salary mass; this amount is in addition to the grant for social and cultural activities, unless the employer already does To benefit the works council from a sum or by means of personnel equivalent to 0.2 % of the gross salary mass; it shall make available to the committee a set of premises and the equipment necessary for the performance of its functions
      Art. L. 444-8. -The works council may decide that some of its deliberations will be forwarded to the Director of Labour, Employment and Professional
      . Inspectors and labour inspectors may, at their request, and at all To read the deliberations of the Works Council.
      " Art. L. 444-9. -The members holding the works council to be elected shall, under the conditions and limits provided for in Article L. 225-3, be granted an economic training course of up to five days, provided either by an organisation on a List adopted by the representative of the State in Mayotte, or by one of the bodies referred to in Article L. 225-1. This training is renewed when they have been in office for four years, consecutive or not.
      " The time spent on this training is taken on working time and is remunerated as such. It shall not be deducted from the time which, pursuant to Article L. 444-1, is allocated to the members of the Works Council for the performance of their duties. It shall be attributed to the duration of the leave provided for in Section 1 of Chapter V of Title II of Book II of this
      . The financing of the training set up in this Article shall be borne by the Works
      . In the absence Of an organisation capable of delivering this training for employees operating in Mayotte, it may be organised by the Directorate of Labour, Employment and Vocational
      . Art. L. 444-10. -The operating conditions of works councils must allow for the effective consideration of the interests of employees operating outside the enterprise or in dispersed units.
      " Art. L. 444-11. -The foregoing provisions shall not preclude provisions concerning the operation or powers of works councils which result from collective agreements or usages.


      " Chapter V



      "
      Termination Conditions for Personnel Representatives


      " Art. L. 445-1. -Any dismissal envisaged by the employer of a member or substitute member of the works council or of a trade union representative provided for in Article L. 443-1 shall be submitted to the works council, which shall give an opinion on the draft Redundancy.
      " Dismissal may only be granted upon the authorization of the labour inspector upon which the establishment depends. However, in the event of serious misconduct, the head of enterprise may decide to lay off the person immediately pending the final decision. In the event of a refusal of dismissal, the layoff shall be cancelled and its effects shall be deleted as of right.
      " The same procedure applies to the dismissal of former members of the works councils and former trade union representatives who, Appointed for two years, would not be renewed in their duties during the renewal of the Committee, for the first six months following the expiry of their term of office or the disappearance of the institution. This procedure shall also apply to candidates for the duties of committee members, who have been presented for the first or second round, for the six months following the mailing of the lists of candidates to the employer or their hand-over Clean, against dump.
      " The same procedure shall apply where the letter from the trade union notifying the employer of the application for the functions of a member of the works council or of the trade union representative to the works council has been received by The employer or where the employee has demonstrated that the employer has been aware of the imminence of his application before the candidate has been summoned to the maintenance prior to the dismissal under Article L. 122-27.
      " When a member of the Works council or a trade union representative on the works council is included in a partial transfer of an undertaking or establishment, by application of the second subparagraph of Article L. 122-24, the transfer of that employee must be submitted to Prior authorisation by the labour inspector to ensure that the employee is not discriminated against. If the transfer authorization is refused, the employer must offer the employee a similar job with equivalent remuneration in another institution or part of the business.
      " To facilitate the implementation of the Works councils, employees who have asked the employer to organise the elections to the works council, or agree to organise the elections, benefit from the procedure laid down in the above paragraphs for a period of six months, which runs As from the sending of the recommended letter by which an organization has, first, requested or accepted that it be held in elections or from the date on which the document is given to the employer or its own representative against Voucher.
      " The procedure laid down in the preceding paragraph may apply only to one employee per trade union organisation and to the first employee, who is not mandated by a trade union organisation, who has requested the organisation of the elections
      This procedure shall also apply to members of committees established by conventional
      . In the event of judicial reorganization or liquidation, any dismissal of an employee referred to in the preceding paragraphs shall be subject to the procedure Defined in this article.
      " Art. L. 445-2. -Where the employee, member or former member of the works council, a member of the works council or trade union representative, has a fixed-term contract, the provisions of Article L. 446-1 shall apply, If the employer plans to terminate the contract before the expiry of the term due to a serious fault of the employee, or does not intend to renew the contract with a term deferral clause.
      " The arrival of the contract term results in the Termination of the contractual relationship only after a finding by the labour inspector, under the conditions laid down in Article L. 446-1, that the employee is not discriminated against. One month before the end of the contract, the employer must refer the matter to the labour inspector before the contract is completed.
      " The provisions of the two preceding paragraphs shall apply during the periods provided for in the preceding paragraph. Item.
      " Art. L. 445-3. -Annulment, on a hierarchical basis, by the Minister responsible for labour of a decision of the labour inspector authorising the dismissal of an employee referred to in Articles L. 446-1 and L. 446-2 shall prevail for the employee concerned and if he so requests Within two months of notification of the decision, right to reinstatement in his or her employment or equivalent.
      " The same shall apply in the case where, unless a stay of execution ordered by the Council of State, the judge Administrative has annulled a decision of the labour inspector or the competent minister authorizing such dismissal.
      " The employee concerned shall be reinstated if the institution has not been renewed. Otherwise, it shall be granted for a period of six months from the day on which it finds its place in the undertaking, of the procedure laid down in Article L. 446-1.
      '. When the cancellation of the authorisation decision has become final, The employee concerned is entitled to the payment of compensation in respect of all the damage suffered during the period between his dismissal and reinstatement if he has requested it within the period referred to in the first subparagraph, or The expiry of that period if it does not. This payment shall be accompanied by the payment of contributions in respect of that allowance, which shall constitute a supplementary salary. "

      Article 24


      Title V of Book IV of the same code is supplemented by the following articles:
      " Art. L. 450-3. -Any person who has carried out or attempted to impair, either the free designation of the staff delegates or the regular exercise of their duties, in particular by the lack of knowledge of the provisions of Articles L. 435-1 to L. 435-3 and L. 433-16 Regulations made for their application shall be punishable by one year's imprisonment and a fine of EUR 3 750 or one of these penalties only
      In the event of a repeat offence, imprisonment may be increased to two years and the fine to 7,500 EUR.
      " Art. L. 450-4. -Any interference either in the formation of an enterprise committee or in the free designation of its members or in its regular operation, in particular by the lack of knowledge of the provisions of Articles L. 443-11, L. 445-1 to L. 445-3 and Regulations made for their application shall be punishable by one year's imprisonment and a fine of EUR 3 750 or one of these penalties only.
      " In the event of a repeat offence, imprisonment may be extended to two years and the fine to 7,500 EUR. "

      Item 25


      I. -In the third paragraph of Article L. 223-7 of the Code, the words: On the assent of representatives of the Staff " Are replaced by the words: " On the assent of the Works Council or, failing that, staff delegates ".
      II. -In the third paragraph of Article L. 620-3 of the Code, it is added, after the words: At the disposal of staff delegates ", the words:" And members of the works council ".
      III. -In the second paragraph of Article L. 711-6 of the Code, it is added, after the words: After consultation ", the words: The enterprise committee or, failing that, ".
      IV. -In Article L. 610-13 of the same code, the words: Of Article 167 of the Act of 15 December 1952 " Are replaced by the words: " Article L. 435-1 ".
      V.-In the last paragraph of Article L. 620-4, after the words: Representatives of the ", it is added the words:" And members of the Committee on Hygiene, Safety and Working Conditions "

    • Chapter VII: Monitoring the application of labour law and regulation Article 26


      Article L. 610-1 of the same code is supplemented by a written paragraph:
      " The work controllers exercise their Competence under the authority of labour inspectors. "

      Article 27


      It is created in Title I of Book VI of the same Code a Article L. 610-15 thus written:
      " Art. L. 610-15. -Customs officers are competent to search for infringements of the provisions of Article L. 330-5 by means of minutes sent directly to the Public Prosecutor's Office. They shall have the powers of investigation provided for in the texts applicable to them. "

      Item 28


      I. -Title II of Book VI of the same code is supplemented by the following articles:
      " Art. L. 620-8. -For the implementation of the provisions of this Code, the staff of the undertaking shall be calculated in accordance with the following
      . Employees with an indeterminate full-time contract are fully engaged in Account in the company's workforce.
      " Employees holding a fixed-term contract, employees made available to the undertaking by an external undertaking shall be taken into account in the company's workforce on a pro rata basis. Their time in the previous twelve months. However, employees holding a fixed-term contract or made available by an outside firm are excluded from the count when they replace an employee who is absent or whose employment contract is suspended.
      " The Part-time employees, regardless of the nature of their employment contract, shall be taken into account by dividing the total sum of the hours entered in their employment contracts by the legal or conventional working
      . Art. L. 620-9. -Employees made available by a group of employers or an intermediary association shall not be taken into account in calculating the workforce of the user undertaking for the purposes of the legislative or regulatory provisions Relating to continuing vocational training and the charging of accidents at work and occupational disease which refer to a condition of employment. "
      II. -Article L. 126-6 is repealed

    • Chapter VIII: Vocational training Article 29


      Article L. 711-1 of the The code is modified as follows:
      I.-The following sentence is added at the end of the fifth paragraph: " The arrangements for the management of this body shall be fixed by decree in the Council of State. "
      II. -The last two paragraphs are deleted.

      Article 30


      It is created in the same code an article L. 711-1-1 so written:
      " Art. L. 711-1-1. -I.-The vocational training and social promotion actions referred to in books III and VII of this Code may be the subject of conventions. In particular, they determine:
      " (a) The nature, purpose, duration and staffing of the traineeships that they provide;
      (b) Training arrangements, in particular when training in whole or in part at a distance;
      " (c) Educational and technical means implemented;
      " (d) The conditions for the care and remuneration of educators and their remuneration;
      " (e) Where they concern employees, the facilities granted, the case To the latter for the continuation of the traineeships which they provide, in particular leave, arrangements or reductions in schedules for which they are entitled under legislative, regulatory or contractual provisions;
      " (f) The procedures for monitoring the knowledge and the nature of the sanction of the training provided;
      " (g) The allocation of financial burdens relating to the operation of the traineeships and the remuneration of trainees and, where appropriate, to The construction and equipment of the centres;
      " (h) The arrangements for amicable settlement of the difficulties which may be caused by the execution of the
      . II. -The training bodies involved in Mayotte in respect of the actions provided for in Article L. 711-2 must file an activity declaration with the authority of the State responsible for vocational training at the conclusion of their first Professional training agreement or contract.
      " No person may, even in fact, perform a managerial or administrative function in a training body within the meaning of this book if he or she has received a criminal conviction on the basis of Facts constituting breaches of probity, morality and honour.
      " The declaration of activity shall include the administrative information for identifying the natural or legal person, as well as the descriptive elements of its Activity. The administrative authority of the State responsible for vocational training shall register the declarations in the light of the documents produced. The registration shall be annulled by decision of the same administrative authority where it appears that the benefits carried out do not correspond to the actions referred to in Article L. 711-2. Decisions to cancel the registration shall be reasoned and notified to the persons concerned in accordance with the conditions laid down in Article L. 711-4. The declaration lapses when the educational and financial balance sheets provided for in the last paragraph of this Article do not show any training activity in respect of two consecutive years, or where, during that period, such activities Reports have not been sent to the administrative authority of the State responsible for vocational training. An amending declaration shall be taken in the event of the modification of one or more elements of the original declaration. The cessation of activity must also be reported. The General Council shall communicate the elements of the declaration and its possible amendments, the educational and financial assessment of the activity, the balance sheet, the profit and loss account and the annex to the last financial year closed by the bodies concerned. Training measures within the meaning of Article L. 711-2 benefit from its financial assistance.
      ' Natural or legal persons who carry out continuing vocational training benefits within the meaning of Article L. 711-2 shall justify The qualifications and qualifications of the teaching and coaching staff they employ, and the relationship between these qualifications and the benefits carried out in the field of vocational
      . The terms and conditions of such declarations As well as the use that the author can make are settled by decree in the Council of State.
      " III. -Training organisations shall send to the administrative authority of the State each year a document tracing the use of the sums received under the conventions referred to in the I of this Article and drawing up an educational and financial assessment of their Activity. This document shall be accompanied by the balance sheet, the profit and loss account and the annex to the last financial
      . IV. -Any infringement of the provisions of II and III of this Article shall be punishable by a fine of EUR 4
      . Such a conviction may be accompanied, as a complementary sentence, by a prohibition on temporarily or permanently The executive of a professional training organization.
      " Any infringement of this prohibition shall be punishable by a fine of EUR 15 000 and imprisonment for two years or one of these penalties only. "

      Article 31


      Article L. 711-2 of the same code is completed with a 10 ° reading:
      " 10 ° Actions enabling employees to To have the acquis communautaire validated for the purpose of acquiring a diploma or a professional title in accordance with Article L. 335-5 of the Education Code. "

      Article 32


      Article L. 711-3 of the same code is thus amended:
      I.-In the first paragraph, the words:" Approved by order " Are Replaced with the words: " Approved by order " And the words: " The representative of the Government " With the words: " The state representative ".
      II. -The 3 ° is deleted.
      III. -The last paragraph reads as follows:
      " In the absence of such a release, the distribution is fixed by a decree of the State representative in Mayotte. "

      Article 33


      Article L. 711-4 of the same code reads:
      " Art. L. 711-4. -I.-The State shall exercise administrative and financial control, either on the spot or on the premises, on all the financial, technical and educational resources implemented for vocational
      . This control relates to expenditures Training provided by employers, the activities of the joint body referred to in Article L. 711-1, the training organisations and the conditions for the execution of the training activities in which the State participates.
      " These Organizations are required to provide screening officers with all necessary documentation. The tax administration and the services of the State which finance professional training activities shall be required to provide such officers with the information necessary for the performance of their
      . II. -The supervision provided for in the I shall be exercised by inspectors and supervisors in charge of the professional training provided for this purpose by the representative of the State in Mayotte, or, failing that, by the inspectors and the labour
      . For the performance of their duties, inspectors and supervisors of vocational training shall be kept in professional secrecy under Articles 226-13 and 226-14 of the Criminal Code. They shall enjoy a right of entry in undertakings under the conditions laid down in Articles L. 610-6 and L. 610-7.
      " The provisions of Articles L. 630-1 and L. 630-2 shall apply to any person impeding the performance of duties An inspector or a professional training controller.
      " III. -Detailed rules for the application of this Article shall be laid down by decree in the Council of State. "

      Article 34


      It is created in the same code an article L. 711-4-1 thus written:
      " Art. L. 711-4-1. -Natural or legal persons who carry out actions falling within the scope of continuing vocational training defined in Article L. 711-2 each year to the authority of the State responsible for vocational training a document Tracing the employment of the sums received and drawing up an educational and financial statement of their activity. This document shall be accompanied by the balance sheet, the profit and loss account and the annex to the last financial
      . A decree of the Council of State shall lay down the conditions for the application of this Article.

    • Chapter IX: Labour Court Article 35


      Section 2 of Order No. 91-246 dated February 25, 1991 Amended:
      1 ° In the first paragraph, the sign " : " Is replaced by the following words: " Articles 180 to 208 on the settlement of individual labour disputes " ;
      2 ° 1 ° and 2 ° are repealed;
      3 ° Added two sub-paragraphs read:
      " However, the term of office of the assessors of the labour tribunal provided for in the second subparagraph of Article 185 shall be set at three
      . With the exception of the provisions of the first paragraph of Article 185, Assessors of the Labour Court and their alternates shall be appointed by order of the President of the High Court of Appeal, taken after the opinion of the President of the Labour Court. They shall be selected on lists presented by the most representative trade union organisations in the community within the meaning of Article L. 412-3 of the Labour Code applicable to Mayotte.

    • Chapter X: Final Provisions Article 36


      The provisions of this order shall be Effective on 1 January 2006.
      However, the provisions of Chapter V of Title III of Book IV of the Labour Code applicable to Mayotte relating to the dismissal of staff delegates, introduced in this Code by Article 22 of this Code Order, enter into force on the date of publication of the order. The provisions of Article 35 (3) shall apply to the next renewal of the mandate of the assessors of the labour court.

      Article 37


      The Prime Minister, the Minister of Employment, Labour and Social Cohesion, the Minister of Justice, and the Minister for Overseas are responsible, each as far as it is concerned, for the application of the This order, which will be published in the Official Journal of the French Republic


    Done at Paris, January 20, 2005.


    Jacques Chirac


    By the President of the Republic:


    The Minister of Overseas,

    Brigitte Girardin

    Minister of Employment, Labour

    and Social Cohesion,

    Jean-Louis Borloo

    Seals, Minister of Justice,

    Dominique Perben


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