8. April 2021
Since 1968, trade union rights have been recognized by companies and unions have the right to appoint company directors (union delegates, Labour Code, Articles L2143-1 to L2143-23-23) entitled to negotiate and sign collective agreements at the enterprise level. Other workers` representatives do not have that power if there is at least one business leader. Since the reform of representation in 2008, unions that are not recognized as representatives in a company may appoint a „union representative“ (representative of the trade union section, RSS, Labour Code, Articles L2142-1 to L2142-1-4) that has rights similar to those of a designated business leader, with the exception of the right to negotiate collective agreements. Under a majority collective agreement, business managers can transfer their power to the CSE, which can then negotiate and negotiate collective agreements. Part-time work is defined as working time of less than 35 hours per week, applicable working time set by a collective agreement or the company`s usual working time. The labour code provides for a minimum working time of 24 hours per week, which can be shortened by sectoral agreements with compensation (Labour Code, L. 3123-19). The proportion of part-time workers has increased slowly but steadily over the past 30 years. In 2018, according to Eurostat data, 17.8% of the French workforce worked part-time.
National data indicate that the increase in part-time work is greater for men than for women, although women are still much more likely to work reduced hours. The SEC can be formed either at the company level or at the establishment level, even if a central SEC is set up. The SEC receives information from employers on topics such as the economic and social aspects of the company and new technologies. The SEC is consulted on the strategic direction of the company. They also respond to formal consultations with employers on issues such as redundancies and vocational training (without formal bargaining power) and are responsible for the management of social and cultural activities, for which they have a budget set by collective agreement. Otherwise, the SEC has an operating budget equivalent to 0.2% of the company`s annual payroll or 0.22% in companies with more than 2,000 employees. The SEC will also assume the duties of former staff delegates (the submission of individual and collective complaints to management and the implementation of legislation and collective agreements) as well as the role of the Safety and Working Conditions Committee. The rate of pay is very high in France and the ECS figures seem to underestimate the actual coverage. In reality, almost all workers are covered by sectoral national wage agreements. The most recent national data are very outdated, but they show that between 1997 and 2004, coverage increased from 93.7% to 97.7% of the private sector workforce.
The survey on which the figures are based (ACEMO) has been discontinued. As part of the 2016 labour law reform, Decrees 2016-1553 and 2016-1551 of 18 November 2016 implement Article 8 of the Act, which amends working time legislation in three respects: it defines the relevant provisions of public order in relation to labour relations, and sets out the extent of collective bargaining in a branch or company. provisions that apply without a collective agreement are defined.