In a ruling rendered yesterday, January 15, in a French case concerning ‘subsidized’ employment contracts, the Court of Justice of the European Union confirms that a law can’t exclude a category of employees from the calculation of staff limits to set up employee representation structure. Such a provision goes against Article 27 of the Charter of Fundamental Rights of the European Union on workers’ right to be informed and consulted. Yet, employees can’t use this article in a litigation against the employer, thus getting a national court to remove the disputed provision.
Exclusion from thresholds. Article L. 111-3 of the French Labor Code, which excludes from the calculation of staff numbers – and therefore impacts the thresholds for setting up employee representation structures – apprentices and holders of ‘integration’ contracts (employment-initiative contracts, accompanied-employment contracts and professional training contracts) is not compatible with Directive 2002/14 establishing a general framework for informing and consulting employees. By introducing
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