Each representative trade union organisation in the company or establishment of at least fifty employees, which forms a trade union section, appoints from among the candidates in the professional elections who have received in a personal capacity and in their college at least 10% of the votes cast in the first round of the last elections to the social and economic committee, whatever the number of voters, within the limits set in article L. 2143-12, one or more trade union delegates to represent it vis-à-vis the employer.
If none of the candidates presented by the trade union organisation in the professional elections meets the conditions mentioned in the first paragraph of this article or if there are no longer any candidates in the company or establishment in the professional elections who meet the conditions mentioned in the same first paragraph, or if all the elected representatives who meet the conditions mentioned in the said first paragraph renounce in writing their right to be appointed as trade union delegate, a representative trade union organisation may appoint a trade union delegate from among the other candidates or, failing that, from among its members within the company or establishment or from among its former elected representatives who have reached the limit on the length of time they may serve on the social and economic committee set in the second paragraph of article L. 2314-33.
A trade union delegate may be appointed when there are at least fifty employees for twelve consecutive months.
A trade union delegate may be appointed in an establishment where there are employees under the management of an employer’s representative and constituting a working community with its own interests, likely to generate common and specific demands.