French legislation grants the employees of large groups the right to elect one or two employee representatives on the company board, but it also obliges the latter, once appointed, to resign from any other mandates they may hold as employee representatives within the group, as soon as they take up their seat on the board. This “non-cumul des mandats” rule prohibiting employees from holding concurrent mandates also applies when the EWC elects one of the two employee representatives on the board, thus requiring the elected member to relinquish their seat on the EWC, as well as any national and/or local mandates they may hold. In a study published by the European Trade Union Institute (ETUI), Stéphane Vernac, Professor of Private Law at Jean Monnet University, Saint-Étienne, re-examines this legislation and discusses its compatibility with EU law in particular. It seems hard to challenge the logic of the incompatibility rule, even though the author emphasises a few flaws in it. The study encourages companies to be more transparent in their appointment processes, and also to ensure that employee representatives who become board members are granted an equivalent level of redundancy protection to that enjoyed by workforce representatives, if they are deprived of such protection when forced to relinquish their national and/or local mandates.
Understanding the ban on the “cumul des mandats” – The French legal regime prohibiting concurrent mandates as worker director and employee representative
Date of publication
22 March 2023
Available language
English
Country/countries concerned
France
Categories
Legislation
Other Related Documents
Denmark: Act amending the Act on Equal Pay for Men and Women
European Parliament: Position adopted at first reading with a view to the adoption of Directive (EU) 2026/… amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work
European Parliament: Resolution of 6 October 2026 with recommendations to the Commission on psychosocial risk, stress and mental health at work (2026/2023(INL))
Other IR Share Services
We are called upon to devise training programmes based on needs expressed by a number of companies; we publish analyses and create tailor-made training activities for groups, works councils, trade unions and law firms. Our most recent projects are described here
IR Notes
The IR Notes newsletter gives everyone in Europe access to an independent, reliable and impartial source of information on topics involving industrial relations.
IR Training
Members of the IR Share team are regularly called upon to devise training courses. We deliver these either directly or working together with partners, to ensure that the training is tailored to the exact needs expressed.
IR Research
As Eurofound’s National correspondent, IR Share provides information on working conditions, industrial relations and the labour market to support the EU institutions and bodies, Member States and social partners in shaping social Europe, as well as promoting social dialogue on the basis of comparative information and research.
IR Club
Since 2011, the European Works Councils Club has sought to co-construct the foundations of a European social dialogue that can meet the social and environmental challenges faced by transnational companies.
Get in Touch
Follow us on Social Media
