In undertakings with a usual workforce of at least fifty employees without a trade union delegate where, following the procedure defined in article L. 2232-25-1, no member of the staff delegation of the social and economic committee has expressed a wish to negotiate, company or establishment agreements may be negotiated, concluded, revised or terminated by one or more employees expressly authorised by one or more trade union organisations representative in the branch or, failing that, by one or more trade union organisations representative at national and cross-industry level. To this end, a single trade union organisation may appoint only one employee.
The representative trade union organisations in the branch to which the company belongs or, failing that, the representative trade union organisations at national and cross-industry level shall be informed by the employer of its decision to enter into negotiations.
This article applies automatically in undertakings without a trade union representative in which a statement of failure to act has established the absence of elected employee representatives.
Agreements negotiated and concluded by one or more mandated employees on the basis of this article may relate to all measures that may be negotiated by company or establishment agreement on the basis of this code.
The agreement signed by a mandated employee must have been approved by the employees by a majority of the votes cast, under conditions determined by decree and in compliance with the general principles of electoral law.