New provisions regarding the CHSCT - as of July 1, 2016

Following the Rebsamen Act, a 2016 decree extended the term of office for CHSCT members to 4 years. Consultation deadlines and the timeframe for sending the meeting agenda have also been reduced to improve responsiveness.

Marie Faucon
Consultante HSE
Publication : 
13.09.2016
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The Rebsamen Act No. 2015-994 of August 17, 2015, modified the operational procedures of the CHSCT. Decree No. 2016-868 of June 29, 2016, issued in implementation, clarifies these procedures. The new provisions concerning the CHSCT introduced by this decree came into effect on July 1st , 2016. Here is an overview of these various changes.

Extension of the term of office for staff representatives to 4 years

The decree aligns the term of office for CHSCT staff representatives with that of the elected members of the works council (CE) that appointed them. This term is thus increased from 2 to 4 years, unless a collective agreement provides for a shorter term for CE elected officials.

Take the example of a CHSCT appointed on September 6, 2014, and a CE elected on July 20, 2015. On September 6, 2016, the CE must then appoint the CHSCT members until July 20, 2019, the date of the next CE election. On that date, the newly elected CE will appoint the CHSCT members for 4 years.

The term of office for staff representatives on the CHSCT remains renewable.

Furthermore, it may be extended by unanimous agreement of the members of a newly elected CE until a new staff delegation is appointed to the CHSCT, within a limit of 6 months following the end of the previous CE's term.

New minimum deadlines for CHSCT consultation and sending meeting agendas

Article L. 4612-8 of the Labor Code stipulates that the CHSCT must have sufficient time to review matters to effectively exercise its duties, depending on the nature and importance of the issues submitted to it. Upon the expiration of this period, which cannot be less than 15 days, the CHSCT is deemed to have issued a negative opinion. Decree No. 2016-868 of June 29, 2016, establishes these new consultation rules.

First, it is specified that the consultation period for the CHSCT begins once the employer has communicated the information subject to consultation or has informed the committee that such information is available in the economic and social database (or unified BDES).

Unless specific legislative provisions or a company agreement provide for a different timeframe (which must be at least 15 days in all cases), the CHSCT is deemed to have been consulted and to have issued a negative opinion upon the expiry of a one-month period. If an expert is involved, this period is extended to two months.

These same timeframes apply when the CHSCT is consulted in conjunction with a consultation of the Works Council (CE). In such cases, however, the CHSCT must submit its opinion to the Works Council no later than 7 days before the expiry of the latter's consultation period.

Furthermore, the minimum notice period for sending the agenda for a CHSCT meeting has been halved. This agenda and the related documents must now be sent by the chairperson to the committee members and the labor inspector at least 8 days before the scheduled date of the meeting, instead of the previous 15 days.

New minimum timeframes for consulting a CHSCT coordination body and sending meeting agendas

The employer may establish a temporary CHSCT coordination body when a project common to several establishments requires the consultation of their respective CHSCTs. Article L. 4612-8 of the Labor Code stipulates that a CHSCT coordination body must have sufficient time to review matters to effectively exercise its duties, depending on the nature and importance of the issues submitted to it. Upon the expiry of this period, which cannot be less than 15 days, the coordination body is deemed to have issued a negative opinion.

Decree No. 2016-868 of June 29, 2016, establishes the framework for these new rules regarding the consultation of a CHSCT coordination body. Accordingly, the coordination body is deemed to have been consulted and to have issued a negative opinion upon the expiry of a one-month period starting from the date the employer communicates the information subject to consultation. If an expert is involved, this period is extended to three months.

These same timeframes apply:

  • when the CHSCT coordination body is consulted in conjunction with a consultation of the Works Council. In this case, the coordination body must submit its opinion to the Works Council no later than 7 days before the expiry of the latter's consultation period.
  • when it is necessary to consult both the coordination body and one or more CHSCTs. In this case, the opinion of each CHSCT is deemed to have been rendered and transmitted to the coordination body no later than 7 days before the expiry of the coordination body's consultation period.

Furthermore, the minimum notice period for sending the agenda for a meeting of a CHSCT coordination body has been halved. This agenda and the related documents must now be sent by the chairperson to the members of the body at least 8 days before the scheduled date of the meeting, instead of the previous 15 days. This 8-day period also applies when a coordination body meets in the context of a restructuring and workforce reduction project (instead of the previous 7-day period).