How is paid a labor councilor of the salaried college?
Verified 20 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A labor counselor of the employed college may perform the tasks related to his or her duties either during his or her working time or outside. During his working time, he is normally paid by the employer. In addition, he may be compensated by the administration. What are the conditions for compensation? Can he be reimbursed for his travel expenses? We are taking stock of the regulations.
The rules on compensation differ according to whether the employee college's labor adviser performs the duties related to his or her function during his working time or outside of this one.
During working time
The employer must maintain remuneration of the privy councilor of the salaried college.
Indeed, when the employee goes out of the company to perform the tasks related to its function during working time, such absence shall be treated as actual working time.
The employer may request reimbursement by the labor council of the remuneration paid to his employee in this context. An application must be made by filling in a form:
Application for reimbursement of the wages of a labor counselor
Please note
The role of labor counselor is free of charge. The parties to the trial of the Conseil de prud'hommes have nothing to pay the member.
The labor counselor of the employed college shall be reimbursed for his travel expenses to carry out the tasks related to its function.
Transport costs between the head office of the labor council and the usual place of residence or work shall be reimbursed if the 2 conditions the following are completed:
- Charges for a distance greater than 5 km
- Costs not exceeding the distance between the head office of the labor board and the municipality furthest from the jurisdiction of the labor board
These costs shall be reimbursed to the advisor by the administration.
Example :
The distance between the labor council of Bordeaux and Cahors, one of the most remote towns, is about 200 km. The costs which may be reimbursed must therefore cover a distance of more than 5 km and less than 200 km.
Outside working time
No, apart from working time, the absence of the employee college's labor counselor is not considered to be working time. The employer therefore does not maintain his remuneration.
Please note
The role of labor counselor is free of charge. The parties to the trial of the Conseil de prud'hommes have nothing to pay the member.
Where the employee college's labor counselor exercises theone of its functions outside working time, he receives an allowance. Its amount is €12 per hour.
Any half-hour commenced shall be due and shall give rise to the payment of half an hourly vacation.
The allowance is paid monthly.
A schedule must be drawn up by the director of graft. This condition is covered by the chairman of the labor board or the vice-chairman.
The labor counselor must complete his activities on a form:
The number of hours that can be compensated is limited by ceilings. They vary according to the activity carried out.
Studies of dossiers
Nature of the case studied | Conciliation and Guidance Office | Office of Judgment | Interim training |
|---|---|---|---|
Pre-hearing and pre-hearing study | 30 minutes | 1 hour | 30 minutes |
Review of a post-hearing and pre-deliberation record | Not applicable | 45 minutes | 15 minutes |
Please note
The chairman of the labor board may authorize these ceilings to be exceeded, depending on the number of cases to be dealt with, their complexity or the necessary research.
Drafting of decisions and minutes
Nature of the drafting | Compensable time |
|---|---|
Conciliation minutes | 30 minutes |
Judgment | 5 hours |
Ordinance | 1 hour |
Rereading and signing of a decision by the President of the Labor Party | 15 minutes |
Drafting of several related decisions
These are decisions which are bound by the identity of the parties, the subject matter or the cause of the dispute, and for which decisions have been drafted separately despite the link between them.
Number of decisions to be drafted | Maximum number of hours compensable |
|---|---|
2 to 25 decisions | 3 hours |
26 to 50 decisions | 5 hours |
51 to 100 decisions | 7 hours |
More than 100 decisions | 9 hours + 3 overtime hours per 100 decisions |
These compensable hours are in addition to the number of compensable hours in the original decision.
Preparatory meetings
Participation in preparatory meetings for general meetings shall be compensated up to a maximum of 3 meetings per year and a maximum total of 6 hours.
The labor counselor of the employed college shall be reimbursed for his travel expenses to carry out the tasks related to its function.
Transport costs between the head office of the labor council and the usual place of residence or work shall be reimbursed if the 2 conditions the following are completed:
- Charges for a distance greater than 5 km
- Costs not exceeding the distance between the head office of the labor board and the municipality furthest from the jurisdiction of the labor board
These costs shall be reimbursed to the advisor by the administration.
Example :
The distance between the labor council of Bordeaux and Cahors, one of the most remote towns, is about 200 km. The costs which may be reimbursed must therefore cover a distance of more than 5 km and less than 200 km.
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The informants who answer you belong to the ministry responsible for labor.
Absences during working hours (Article L1442-6)
Absences outside working hours