mercredi 13 janvier 2010

Labour Law - Company' Joint Commission

Establishment / Operation

According to the provisions of Article 157 of the Labor Code, any company employing at least forty (40) permanent workers, should elect a consultative structure called "Joint Commission"(Commission Consultative d’Entreprise), composed of equal numbers of representatives of the Company management, and elected workers' representatives.

The Commission is chaired by the Company' Manager, and in his absence by his duly authorized representative.


The Joint Commission is consulted on the following issues:

* The organization of work in the company to improve production and productivity;
* Issues relating to social work in the company for the benefit of the workers and their families;
* Promotion and vocational rehabilitation;

* Learning and vocational training;

* Discipline, in which case the commission states as Disciplinary Committee;
* Examination of issues related to health and safety at work.

In performing its attributions, the Joint Commission shall take account of the company' economic and social interests. For that purpose, the Manager has to inform the Joint Commission about the economic and social situation of the Company and its future plans.

Number of Representatives

For Companies employing between 40 and 150 permanent workers, the number of representatives of the company management and the staff representatives are fixed to three (03) members and three (03) alternate members of each party.

This number can not be amended during the term due to an increase or a reduction in the size of the company.

Employees called to serve on the Joint Commission are regarded as on duty, and paid accordingly.


The mandate of the members is fixed to three (03) years.

Exceptionally, the mandate can be extended by written agreement between the Employer and the staff representatives, provided that the extension does not exceed one (01) year.


Every permanent employee, working in the company and having reached the age of 20 years is eligible.

Exceptions: Cannot be elected:

- The employees being on long-term sick leave,

- The employees having been the object of 2nd degree not deleted disciplinary measures,

- The spouse, the ascendants, descendants, brothers, sisters and the allies of the Employer.

Each employee working in the Company is entitled to elect the staff representatives..

- Election' workers information: Workers are informed about the elections by means of posters in places most frequented by them, and this thirty-five (35) days before the election date.

- Members / Alternates: The candidates who obtain the largest number of votes shall be elected members. Those who come after, are elected alternates.

In case of equality of voices, the oldest in the company are elected, and in case of equal seniority, the oldest is elected.


Disputes related to the elections are brought before the competent regional office of the Social Affairs Ministry:

* Ten (10) days before the election date, as regards the right of voters and eligibility;

* During the fifteen (15) days following the elections, regarding disputes related to the regularity of the voting;

The Chief-officer of the regional office of the Social Affairs Ministry shall decide the dispute within seven days (07) after the date of the dispute' submission.

Electoral colleges / Distribution of seats representing staff

The company staff is divided into three (03) electoral colleges: the agents of execution, the supervisors and executives.

Conditions of regrouping the supervisors and executives in one college:

This regrouping is performed when the number of one of these two categories is less than 10% of all the staff and the number of employees belonging to the two categories is less than 30% of all the staff.

Rule of distribution of seats reserved to an election college:

Global number of seats x (The number of the employees of the college ÷ total workforce of the company)

Obligations of the Manager towards the Joint Commission

The Manager must provide the Joint Commission with the facilities necessary for its functioning, taking into account its needs and the company resources.

The manager shall make available to the Joint Commission panels in the places most frequented by workers.

For companies employing between 40 and 150 permanent workers, the manager should grant to representative members the required time to carry out their functions, within eight (08) hours per month for all staff's representatives.

These hours are considered working hours.

Staff representatives may, within the hours allocated to them, make the necessary contacts (inside and outside the company) subject to inform the Employer and not compromise the usual activity of the Company.

Working Groups

The Commission may establish working groups to examine specific issues.

The Commission may associate with this work, anyone it deems appropriate.


Any elected member may be dismissed from the Commission on a written and motivated proposal from the 1/3 at least of the college to which he belongs.

Annual Report

The Commission produces an annual report detailing its activities which shall be brought to the attention of company' staff.

In the first quarter of each year, a copy of the annual report shall be sent by the Employer to the competent Regional Labor Inspection and the competent Medical Inspection of Labor.

Redundancy of a member of the Commission

Any redundancy of a staff representative or alternate member of the Joint Commission, envisaged by the Employer, shall be submitted by this latter to the competent regional Labor Inspection, which issues a motivated opinion within a period not exceeding ten (10) days.

Any redundancy without compliance with the aforementionned procedure, or contrary to the opinion of the competent regional Labor inspection, is considered unfair, unless the manager establish before the competent Court the existence of a real and serious cause justifying the dismissal.

Disciplinary measures applicable to any staff representative

Pursuant to the provisions of Article 167 of the Labor Code, in cases of serious misconduct by a staff representative or alternate member of the Joint Commission, the Employer may suspend him immediately, with partial or total loss of wages.
The concerned employee shall be informed (date, reasons for suspension).

The final decision shall be taken within a period not exceeding one (01) month from the date of suspension from work.

Furthermore, in case of redundancy or lay-off for economic or technological reasons, according to the provisions of Article 166 bis of the Labor Code, the staff representative benefits from the priority in the preservation of the job (whether members of the Joint Commission, or union representative).