4324 and those who are in the economic situation alert procedure concern

Broad debate that the question of the duty of discretion of the Committee. Established in 1966 and modelled at the time on the duty of reserve of officials, it has been that justified also passionate debate, because it is a substantive problem: how to reconcile the need for the company to keep certain information secret and to consult the staff representatives to provide, in turn, inform and put in custody staffwhich is their duty

If the unions, forty years ago, could perhaps legitimately shouting alteration of industrial activity, they can more today, because of the considerable expansion of the scope of the company and the lengthening of the time of consultation Committee. In the famous report 1981 Auroux, could already read this: "the number and the importance of information imply that the principles of professional secrecy and confidentiality are solemnly reaffirmed." The definition of a new responsibility of the staff representatives imposed strict compliance with the rules of the game in this area.

The business manager is entitled, when he reveals some information first to the Committee, to ask its members to remain silent: "the members of the Committee of business and Union representatives have a duty of discretion with respect to the information having a confidential and data character as such by the business manager or his representative." (V.., art.) L. 432-7.)

Station to the tort of interference

In addition, accounting information delivered to the Business Committee are "deemed confidential" (v.., art.) (L. 432-4) and those who are in the economic situation alert procedure concern.., art. L. 432-5).

It is clear, however, that the business manager must use sparingly and without abuse of the Faculty given to claim confidentiality. The administration recommends, moreover, to expose the reasons for which it is appeal to members of the Committee (circ. trd., no. 67-35, 1st seven. 1967) and the employer seeking the secret to misuse can be sued for tort of interference (Cass. Crim. 17 nov. 1992).

The silence of the Act

For all these reasons, exceptional character, to give explanations, all manuals and guides devoted to the right of the Enterprise Committee say that the discretion should be held no later than at the point where the information will be disclosed. This assertion, however, is based on logical reasoning but was, until now, supported by no in the jurisprudence. It is made today.

Steward and member of the Committee, Mr. Fontaine attended, on 20 September, a meeting of the Committee of company in which the business leader disclosed information without them, the time for confidential. Realizing his absent-mindedness, the employer, once the meeting ended, said, it is known in any time or in what form, to the representatives of the staff that they must observe the discretion on what they have learned. Mr. Fontaine does not take account of this warning, and on 30 September, organizes a staff briefing in which he made a full account of what is said on 20 September.

The employer responded by a disciplinary layoff the person challenged before the labor. The company will seek to hide behind the silence of the Act: after all, article l. 432 - 7 of the Labour Code specifies nowhere when the Declaration of confidentiality must be made.

It goes without saying, told the Court of cassation: as confidential information must "be given as such", this means that the recommendation should be made in advance or, in the extreme limit, at the same time. Moreover, important details mentioned by the High Court, it is the minutes of the Committee which will be faith to prove that the employer well asked the representatives of the staff, specifically, to keep secret (Cass. Soc., July 12, 2006, no. 04 - 47 558).