Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.
Factsheet for measure FR-2020-11/1021 – Updated – measures in France
Country | France , applies nationwide |
Time period | Temporary, 12 March 2020 – 30 September 2021 |
Context | COVID-19 |
Type | Legislations or other statutory regulations |
Category |
Protection of workers, adaptation of workplace
– Teleworking arrangements, remote working |
Author | Frédéric Turlan (IRshare) and Eurofound |
Measure added | 27 July 2020 (updated 20 January 2022) |
An ordinance of 1 April 2020, effective on 3 April 2020, allows the works council (CSE) to meet by videoconference, audioconference or instant messaging for the duration of the health emergency. It also provides for the suspension or postponement of ongoing or future electoral processes, extending the term of office and protection against dismissal of current elected officials. This text was adopted pursuant to the Emergency Act to deal with the COVID-19 pandemic of 23 March 2020. As a reminder, the state of health emergency was declared for a period of two months from 24 March 2020, by the said emergency law, and has been extended to the 10 July 2020.
The main provisions are the following:
1. Authorisation of meetings via video/audio conferencing or instant messaging
By derogation from the Labour Code, the employer may convene the social and economic committee (CSE), the central CSE or another staff representative body provided for in the Labour Code using:
In all cases, the employer must first inform the members of the body of these meeting arrangements. This measure is applicable to meetings convened during a state of health emergency (24 March 2020-10 July 2020). The limit of three videoconference meetings per calendar year provided for, in the absence of agreement, by Articles L. 2315-4 (for the CSE) and L. 2316-16 (for the Central CSE) of the Labour Code only applies to meetings organised outside the period of the state of health emergency.
2. Consultation of the CSE in the event of a derogation related to working time
When an employer imposes or modifies the date of taking days off (within the limit of ten days), in application of the order no. 2020-323 of 25 March 2020, it must inform the CSE without delay and by any means. The CSE shall give its opinion within one month of receiving this information. The employer may act without waiting for the opinion of the ESC to be delivered. The same applies when an employer implements a derogation from working hours or Sunday rest, as a decree allows him to do so in application of the above-mentioned ordinance of 25 March 2020.
3. Suspension of ongoing electoral processes
The ordinance suspends the ongoing professional election processes. Specifically, where the employer has informed the staff of the organisation of the elections before 3 April 2020, the current electoral process is suspended as of 12 March 2020. The suspension of the electoral process ends three months after the date of cessation of the state of health emergency.
The following updates to this measure have been made after it came into effect.
07 October 2021 |
The Jean Jaures Foundation has published a study based on 122 responses from employee representatives and management to a questionnaire posted online between April and June 2021, seven monographs of establishments and five interviews with key witnesses from the world of management, trade unions and the administration (see Source). For the authors of the study, "e-social dialogue seems to be able to continue after the crisis provided that it is linked to face-to-face meetings in order to create and maintain the link between all the players in social dialogue". But in the end, it is the question of proximity (between employees and their elected representatives, between central and site representatives) that e-social dialogue and telework raise. "The health crisis has highlighted the need for a social dialogue close to the employees", the authors note. One of the challenges of modern social dialogue will be to combine the new forms of work organisation and social dialogue with this necessary proximity, they conclude. |
31 May 2021 |
The law of 31 May 2021 postpones, from 30 June to 30 September 2021, the end of several emergency measures. In this respect - the option of holding meetings of the works council (CSE) and other employee representative bodies remotely, by way of derogation, is maintained. These meetings can be organised by videoconference (for more than three meetings), by telephone conference or, failing that, by instant messaging. |
19 May 2021 |
On 19 May, the Council of State (Conseil d'Etat) annulled the provisions adopted by the government to organise, until 23 August 2020, the temporary reduction of the time limits for consultation of the work council (CSE) and of the time limits for expertise in the event of a decision by the employer to deal with the consequences of the COVID-19 crisis. The High Court ruled that these measures did not respect the framework of the law granting to the government to legislate by ordinance. |
03 December 2020 |
Following the extension of the state of health emergency, a decree of 3 December 2020 defines the modalities for meetings of works council by telephone conference or instant messaging, in application of order no. 2020-1441 of 25 November. The latter reactivated the possibility of using video-conferencing or, under certain conditions defined by decree, telephone conferencing or instant messaging, for all meetings held until the end of the state of health emergency, currently set at 16 February 2021. However, the members of the works council may object to the holding of remote meetings for certain information-consultation procedures. |
No data. The measures apply to all private companies that have a works' council (from 11 employees).
Workers | Businesses | Citizens |
---|---|---|
Applies to all workers | Applies to all businesses | Does not apply to citizens |
Actors | Funding |
---|---|
National government
|
No special funding required
|
Social partners' role in designing the measure and form of involvement:
Trade unions | Employers' organisations | |
---|---|---|
Role | Consulted | Consulted |
Form | Direct consultation outside a formal body | Direct consultation outside a formal body |
Social partners' role in the implementation, monitoring and assessment phase:
Some social partners have probably been informally consulted to design the ordinance and decrees.
Globally, social partners agreed the measures as it allows to keep an information and consultation process despite the health crisis.
Citation
Eurofound (2020), Emergency measures relating to employee representative bodies, measure FR-2020-11/1021 (measures in France), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/FR-2020-11_1021.html
Share
30 January 2023
Governments across the EU continue to implement policies to support citizens and businesses in the face of rising food and energy prices caused by the COVID-19 crisis and intensified by the war in Ukraine. This article summarises the policy responses as reported in Eurofound's EU PolicyWatch database from January to September 2022.
Article12 September 2022
Although the worldwide pandemic situation had already disrupted supply chains and triggered increases in energy and food prices in 2021, the situation deteriorated in 2022 with the Russian invasion of Ukraine.
Article12 September 2022
This article summarises the first policy responses that governments across the EU have started to implement to support companies affected by the rising prices, and those with commercial ties to Ukraine, Russia or Belarus.
Article5 July 2022
This article summarises the first policy responses of EU Member States, including those of the social partners and other civil society actors, enabling refugees to exercise their rights under the Temporary Protection Directive.
ArticleDisclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.