A framework for managing the procedure for informing and consulting workers
The digital services group Atos SE (109,000 employees) has concluded an agreement on Information, Consultation and Participation at European level, with a special negotiating body created from the previous Atos SE works council, whose governing agreement was denounced by management in 2020, following unsuccessful attempts to renegotiate it by way of an amendment.
In late 2021, the Versailles Appeal Court handed down a judgment instructing management to reinstate the dissolved council until at least March 2022, at which point if agreement had still not been reached, it would have to establish a council in accordance the subsidiary provisions of the directive on worker participation in a SE. In the end, the parties signed an agreement before this deadline, replacing the agreement concluded in 2012.
The text provides for a clearly sequenced procedure for informing and consulting workers, divided into an informing phase, and once the council’s requests have been met, a consulting phase. The procedure is designed to last for a period of 60 to 75 days from beginning to end, depending on the subject matter of the consultation, with a further 15 days allowed where expert advice is called upon (with a maximum budget of 175,000 euros per annum). At the end of this time period, which can be extended if necessary, the council will issue a formal opinion. If an opinion is not forthcoming, management will bring the consultation to an end and the council will be deemed to have implicitly issued a negative opinion.
The council’s two annual meetings are held in person, but deputies can monitor the proceedings remotely “in listening mode”. The working groups set up by the council are required to use “communication technologies” and, in some cases, extraordinary meetings can be held remotely, especially if they last less than four hours. In exceptional circumstances, the council can appoint a working group that will be able to prepare an opinion, which in turn will have to be approved by the council. In terms of participation, the council can elect a three-member “participatory council” to liaise between the council and the company’s executive board.
A balanced confidentiality clause indicates that management shall not “arbitrarily” classify information as confidential; it shall provide reasons for any request to maintain confidentiality and set a time limit on this. A clause provides protection for applicants seeking office as a council member and indicates that the council’s select committee must be notified of any dismissal proceedings brought against a member. Each member is granted 160 hours per annum to discharge their duties, plus four days’ training per annum. Council membership is deemed by management to be a “relevant and productive contribution” and must be taken into account in “workload planning” and one-to-one discussions.
(Article published in IR Note 184 – 20 April 2022)
