Main guarantor of respect for individual and collective freedoms in the company, the employee representative has long been a major protagonist in employee representation. With the mission of representing the staff before the employer and transmitting the complaints inherent in the employment relationship, the staff representative was a privileged interlocutor of the employer. Disappeared at the end of the overhaul of the staff representative institutions, the mission incumbent on it is today incorporated into the field of competence of the social and economic committee (Labor C., art. L. 2312-5).
In order for staff representatives to be able to fulfill this function, the labor code recognizes the right to alert them: when they notice, "in particular through the intermediary of a worker, that there is a violation of the rights of individuals, to their physical and mental health or to individual freedoms in the company which would not be justified by the nature of the task to be accomplished nor proportionate to the aim sought ”(C. trav., art. L. 2312-59 and L. 2313 -2 anc.), The elected members of the CSE immediately notify the employer. The latter must then initiate an investigation. In the event of failure of the employer or of discrepancy on the reality of the breach, the employee, or the staff representative if the employee concerned notified by
