When is the works council consulted?
In companies with at least 50 employees, the works council (CSE) is informed and consulted on matters concerning the organisation, management and general running of the company, in particular on any major alteration (aménagement important) affecting health and safety conditions or working conditions (French Labour Code, art. L2312-1 and L2312-8, II, 4°).
It is also informed and consulted, prior to the decision to implement them in the company, on the means or techniques that allow employees' activity to be monitored (art. L2312-38): a booking or attendance-measurement tool may fall into this category.
Time limits
In the absence of an agreement, the works council has:
| Situation | Time limit |
|---|---|
| Standard consultation | 1 month |
| An expert is involved | 2 months |
| Expert assessments at the level of the central works council and of one or more establishment works councils | 3 months |
The time limit runs from the date on which the information is communicated or made available in the economic, social and environmental database (art. R2312-5 and R2312-6). When it expires, the works council is deemed to have been consulted and to have given a negative opinion (art. L2312-16).
In the case of a major project affecting health, safety or working conditions, the works council may call on an accredited expert (art. L2315-94).
Remote working
Remote working is introduced by collective agreement or, failing that, by a charter drawn up by the employer after obtaining the opinion of the works council, where one exists; in the absence of an agreement or charter, by agreement between the employee and the employer, formalised by any means (art. L1222-9). The number of on-site days decided within this framework directly determines how spaces are sized.
In practice
- Build the consultation into the timeline from the scenario stage.
- Provide clear documents: plans, brief, rules of use, timeline, expected effects.
- Involve staff representatives in workshops and in visits to pilot spaces.