Paragraph 3: Operation

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Article R4641-4

French Labour CodeIn force

Updated 2 Nov 2023

The Vice-Chairman of the Conseil national d'orientation des conditions de travail is appointed by order of the Minister for Labour under the conditions set out in III of Article R. 4641-3. The Secretary General, who assists the Vice-Chairman in his duties, is appointed by order of the Minister for Labour. Under the authority of the Vice-Chairman, he is responsible for organising and leading the work of the Conseil national d'orientation des conditions de travail and the Comité national de prévention et de santé au travail and for drawing up their reports. He is an ex-officio member of each of the Council's configurations, and may chair any of them in the absence of the full and alternate chairmen.

Notices of meetings and agendas for meetings of the Conseil national d'orientation des conditions de travail and the Comité national de prévention et de santé au travail are drawn up by the secretary general of the Conseil d'orientation des conditions de travail, who acts as secretary. Notices of meetings and agendas for meetings of the General Commission and specialised commissions are drawn up by the Director General of Labour or his representative, who acts as secretary. For the specialised committee responsible for issues relating to agricultural activities, these functions are carried out by the Director of Financial, Social and Logistical Affairs of the Ministry of Agriculture or his representative.

The opinions, proposals and other deliberations of the Working Conditions Advisory Council's panels are validly adopted if more than half of the members with voting rights are present, including members taking part in the debates either by means of a telephone or audiovisual conference or by electronic consultation, or have given a mandate and, for the missions provided for in 3° to 5° of Article L. 4641-2-1 by deliberation under the conditions provided for in Article R. 4641-8.

When the quorum is not reached, these committees deliberate validly without a quorum requirement after a new notice of meeting with the same agenda and specifying that no quorum will be required.

The positions of the National Occupational Health and Safety Committee are adopted by consensus.

The opinions of the committees of the Conseil d'Orientation des Conditions de Travail required in application of II of Article R. 4641-1 are recorded in the minutes of the meeting drawn up by the departments of the Ministry of Labour and, for the committee responsible for issues relating to agricultural activities, by the departments of the Ministry of Agriculture. These minutes are signed by the Chairman of the meeting.

If he deems it necessary, the chairman of the advisory committees may take a vote. The members of the working conditions advisory committees mentioned in 2° of article R. 4641-3 each have one vote. When not deputised, each of these members may give a mandate to another member of the same committee to represent him/her.

The chairman of each committee of the Conseil d'Orientation des Conditions de Travail may, within the scope of its remit, set up and commission working groups and call in experts to provide technical advice on a particular issue, make recommendations or commission studies. These groups are given a mandate and a provisional timetable, and report the results of their work to the committee that mandated them.

Attendance at meetings of the Conseil d'Orientation des Conditions de Travail entitles members to travel and subsistence allowances under the conditions laid down by Decree no. 2006-781 of 3 July 2006 setting the conditions and procedures for payment of expenses incurred by civil servants on temporary trips.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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