Employers are prohibited from taking trade union membership or activity into consideration when making decisions on recruitment, the conduct and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and the termination of employment contracts.
An agreement determines the measures to be implemented to reconcile personal life, professional life and trade union and elective functions, taking care to promote equal access for women and men. This agreement takes into account the experience acquired by the appointed or elected staff representatives in the course of their mandates and their professional development.
At the start of their term of office, titular staff representatives, trade union delegates or holders of a trade union mandate will, at their request, have an individual interview with their employer on the practical arrangements for exercising their mandate within the company with regard to their job. They may be accompanied by a company employee of their choice. This interview does not replace the professional interview mentioned in article L. 6315-1.
When the professional interview is carried out at the end of a term of office as a permanent staff representative or a trade union mandate, it provides an opportunity to take stock of the skills acquired during the term of office and to specify the procedures for developing the experience acquired. For companies with fewer than two thousand employees, this survey is reserved for the holder of the mandate who has delegation hours over the year representing at least 30% of the working hours set out in his or her employment contract or, failing that, the working hours applicable in the establishment.