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

Following the Rebsamen law, a 2016 decree extends the mandate of CHSCT members to 4 years. Deadlines for consultation and sending agendas have also been shortened for greater responsiveness.

Marie Faucon
EHS Consultant
Update : 
12.09.2025
Publication: 
13.09.2016
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The Rebsamen law no. 2015-994 of August 17, 2015 had modified the operating procedures of the CHSCT. Implementing decree no. 2016-868 of June 29, 2016 clarifies these procedures. The new provisions concerning the CHSCT introduced by this decree came into force on July1, 2016. We offer an update on these various changes.

Extending the term of office of employee representatives to 4 years

The decree aligns the term of office of employee representatives on the CHSCT with that of the elected members of the Works Council (CE) who appointed them. The term of office is thus increased from 2 years to 4 years, except in the case of collective agreements providing for a shorter term of office for elected works council members.

Let's 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 members of the CHSCT until July 20, 2019, the date of the next CE election. On that date, the newly-elected Works Council will appoint the members of the CHSCT for a 4-year term.

The mandate of employee representatives on the CHSCT is always renewable.

It may also be extended by unanimous agreement of the members of a newly-elected works council, until a new staff delegation to the CHSCT is appointed, up to a limit of 6 months following the end of the previous works council's term of office.

New minimum deadlines for CHSCT consultations and meeting agendas

Article L. 4612-8 of the French Labor Code stipulates that the CHSCT must be given sufficient time for examination, depending on the nature and importance of the issues submitted to it. On expiry of this period, which may not be less than 15 days, the CHSCT is deemed to have issued a negative opinion. Decree no. 2016-868 of June 29, 2016 provides a framework for these new consultation rules.

First of all, it is specified that the CHSCT's consultation period runs from the date on which the employer communicates the elements subject to consultation, or informs the CHSCT that they have been made available in the single economic and social database (or BDES).

Unless specific legislation or an agreement within the company provides for a different timeframe (at least 15 days in all cases), the CHSCT is deemed to have been consulted and to have issued a negative opinion at the end of a 1-month period. If an expert is called in, this period is extended to 2 months.

The same deadlines apply when the CHSCT is consulted in conjunction with the Works Council. In this case, however, the CHSCT must transmit its opinion to the Works Council no later than 7 days before the expiry of the latter's consultation period.

The minimum deadline for sending out the agenda for a CHSCT meeting has also been halved. The agenda and related documents must now be sent by the chairman to committee members and to the labor inspector at least 8 days before the date set for the meeting, instead of 15 days previously.

New minimum deadlines for consultation of a CHSCT coordination body and dispatch of meeting agendas

The employer may set up a temporary CHSCT coordination body when a project common to several establishments requires consultation of their respective CHSCTs. Article L. 4612-8 of the French Labour Code stipulates that a CHSCT coordination body must be given sufficient time to enable it to carry out its duties effectively, depending on the nature and importance of the issues submitted to it. On expiry of this period, which may not be less than 15 days, the coordinating body is deemed to have issued a negative opinion.

Decree no. 2016-868 of June 29, 2016 provides a framework for these new rules for consulting a CHSCT coordination body. As a result, the coordinating body is deemed to have been consulted and to have issued a negative opinion on expiry of a period of 1 month from the date of communication by the employer of the information subject to consultation. If an expert is called in, this period is extended to 3 months.

The same deadlines apply :

  • when the CHSCT coordinating body is consulted alongside a Works Council consultation. In this case, however, the coordinating body must forward its opinion to the Works Council. This must be done no later than 7 days before the expiry of the latter's consultation period.
  • when it is necessary to consult both the coordinating body and one or more CHSCTs. In this case, the opinion of each CHSCT is deemed to have been issued and forwarded to the coordinating body no later than 7 days before expiry of the deadline for consultation of the coordinating body.

The minimum deadline for sending out the agenda for a meeting of a CHSCT coordinating body has also been halved. The agenda and related documents must now be sent by the chairman to the members of the body at least 8 days before the date set for the meeting, instead of 15 days previously. This 8-day deadline also applies when a coordination body is convened in connection with a restructuring and downsizing project (instead of 7 days previously).