French Commercial code
In forceI.-Private law staff and public law staff employed by regional chambers of commerce and industry constitute, for the application of the provisions of this title, the staff of these establishments.
II.-Staff governed by private law are recruited by the regional chamber of commerce and industry in accordance with the code du travail, the extended inter-professional collective agreements, the collective agreement, the collective agreements concluded by CCI France and, where applicable, the collective agreements concluded by the chamber itself.
III.-The regional chamber of commerce and industry may assign the private-law staff it recruits, or make public-law staff available, to the territorial chambers of commerce and industry attached to it, after consulting them and in compliance with the wage bill provided for in the budget voted by the latter for the current financial year.
The employment contract concluded by the regional chamber of commerce and industry with a private-law employee shall specify the public establishment in which the employee is assigned as well as the conditions of his professional mobility within the district of the regional chamber of commerce and industry.
The regional chamber of commerce and industry may terminate an assignment or secondment after receiving the opinion of the president of the territorial chamber of commerce and industry concerned.
In the event that a territorial chamber of commerce and industry fails to pay the compulsory expenditure provided for in 5° of article L. 711-8, the regional chamber of commerce and industry may deduct the corresponding sums from the amount of taxe pour frais de chambres allocated to that territorial chamber of commerce and industry.
IV.-When the permanent delegation provided for in 3° bis of Article L. 711-3 has been entrusted to it by the regional chamber of commerce and industry to which its establishment is attached, the president of the territorial chamber of commerce and industry concludes the employment contracts and amendments between the private-law staff and the regional chamber of commerce and industry, in compliance with the employment ceiling set by the latter and the wage bill provided for in its voted budget.
The delegation decision specifies the tasks of the staff it authorises to be recruited. It may not relate to the recruitment of the Chief Executive Officer or, where applicable, to the recruitment of staff in charge of pooled functions as part of the regional scheme for the organisation of missions.
The regional chamber of commerce and industry shall be informed of recruitment projects under this delegation.
Decisions relating to staff remuneration and to the termination of the employment relationship of public employees or of the employment contract of private-law staff may not be delegated.
V.-The delegation given to presidents of territorial chambers of commerce and industry to manage the personal situation of their staff may be for the purpose of:
1° The management of their holiday entitlements;
2° The management and organisation of their working hours;
3° The exercise of disciplinary powers, excluding the termination of the employment relationship;
4° The management of jobs and skills in accordance with the forward-looking management of jobs and skills implemented at national and regional level ;
5° The management of vocational training initiatives, as part of the training policy established by the regional chamber of commerce and industry;
6° The organisation, development and improvement of working conditions and employment;
7° Preventive measures relating to health and safety at work in accordance with Part Four of the Labour Code.
VI.-The acts of delegation are granted by the President of the regional chamber of commerce and industry, after authorisation by its general meeting. They specify the duration of the delegation, which may not exceed the term of office, and its scope.
They are published under the conditions set out in the chamber's internal regulations.
