Trade union organisations which meet the criteria of respect for republican values and independence, which have been legally constituted for at least two years and whose professional and geographical scope covers the company or establishment concerned, are informed, by any means, of the organisation of the elections and invited to negotiate the pre-electoral agreement and to draw up the lists of their candidates for the functions of member of the staff delegation.
The trade union organisations recognised as representative in the company or establishment, those which have set up a trade union section in the company or establishment, as well as the trade unions affiliated to a representative trade union organisation at national and inter-professional level are also invited by letter.
In the case of a renewal of the institution, this invitation is made two months before the expiry of the term of office of the current delegates. The first round of elections takes place in the fortnight preceding the expiry of this mandate.
The invitation to negotiate referred to in this article must be received no later than fifteen days before the date of the first negotiation meeting.
By way of derogation from the first and second paragraphs, in companies with between eleven and twenty employees, the employer invites the trade union organisations mentioned in the same paragraphs to these negotiations on condition that at least one employee has put himself forward as a candidate for the elections within thirty days of the information provided for in article L. 2314-4.
The employee benefits from the protection provided for in articles L. 2411-7, L. 2412-3 and L. 2413-1 from the date on which the employer became aware of the imminence of his candidacy.