Where none of the companies, subsidiaries or establishments has a representative or an elected member, the members of the special negotiating body are elected directly by the employees.
The election takes place college by college. It is common to all companies, subsidiaries and establishments.
The distribution of seats between the different categories and the distribution of employees in the electoral colleges are carried out on the basis of their combined workforce in the companies, subsidiaries and establishments.
The lists of candidates include as many names as there are seats for France on the special negotiating body.
Voting may take place separately at the premises of each company, subsidiary or establishment. The counting of votes may not begin before the close of the last ballot.
Seats are allocated to each list in accordance with the provisions of articles R. 2324-18 et seq.