The ecological transition: a new responsibility for the employees’ representatives

The Citizens' Climate Convention (“Convention citoyenne pour le climat”) was created in France at the end of 2019 to define structural measures to achieve, in a context of social justice, a reduction in greenhouse gas emissions of at least 40% by 2030 compared to 1990.

A Law of August 22, 2021, called the " climate and resilience " law (i.e. “ Loi Climat et résilience”), partially translates the Convention's proposals adopted by the French Government.

Through several provisions, the text involves new actors, from the business world, in the ecological transition: (1) trade unions and (2) the Economic and Social Committee. (“ESC”).

1. Trade unions and employers invited to discuss ecological transition in the context of negotiations on the management of jobs and career paths (“Gestion des emplois et des parcours professionnels” or “GEPP”)

In companies with one or more trade union sections, the employer is required to negotiate periodically on certain topics. In companies or groups of companies with at least 300 employees or with a community dimension (and at least one establishment or company with at least 150 employees in France), the employer must enter into negotiations on the management of jobs and career paths (“GEPP”).

From now on, the supplementary provisions relating to the periodic compulsory branch and company negotiations on PPIM are completed so that these discussions take into account the "challenges of the ecological transition".

2. The Economic and Social Committee: a new actor in the ecological transition at the heart of the company

The Economic and Social Committee’s prerogatives in environmental matters have been extended (i) and it has new means to ensure their effectiveness (ii).

(i.) In companies with at least 50 employees, the ESC has the following tasks:

• Ad-hoc consultations: under the terms of the French Labour Code, the ESC is now "informed and consulted on the environmental consequences of measures" affecting the organisation, management and running of the company ( trav. Art. L.2312-8);

• recurrent consultations: under the terms of the French Labour Code, the ESC must be informed of the environmental consequences of the company's activity (C. trav. Art. L.2312-17 et L.2312-22).

(ii.) To ensure the effectiveness of these new attributions, the legislator has adapted the existing resources of the Economic and Social Committee to these new competences:

• the Economic and Social Database (“Base de données économiques et sociales ” or "BDES") is renamed economic, social and environmental database (Base de données économiques, sociales et environnementales or "BDESE")

This document collects information on the company's major economic and social policies. It includes compulsory information that varies according to the size of the company.

A new topic entitled "environmental consequences of the company's activity" has been added to the new "BDESE".

Refusal to provide environmental information in the context of recurrent and ad hoc consultations of the CSE could expose the employer to the infraction of obstructing the committee.

• the mission of the ESC's chartered accountant is extended to the environmental consequences of the company's activity

For certain consultations, the ESC may request the support of a chartered accountant.

From now on, his mission also covers "all the economic, financial, social or environmental elements necessary for understanding" the subject of the consultation (C. trav. Art. L.2315-87-1, L.2315-89 and L.2315-91-1).