Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

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

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

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

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

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