The transfer of an employee included in a partial transfer of an undertaking or establishment by application of article L. 1224-1 may only take place after authorisation by the Labour Inspector if the employee holds one of the following offices:
1° Trade union delegate and former trade union delegate ;
2° Elected member and former elected member of the staff delegation of the social and economic committee or candidate for these functions;
3° Trade union representative on the social and economic committee and former trade union representative on the social and economic committee;
4° Local representative and former local representative or candidate for these functions;
5° Member and former member of the staff delegation of the inter-company social and economic committee or candidate for these functions;
6° Member of the special negotiation body and member of the European works council;
7° Member of the special negotiation body and representative on the European Company Committee;
7° bis Member of the special negotiation body and representative on the committee of the European Cooperative Society;
7° ter Member of the special negotiating body and representative on the committee of the company resulting from the cross-border merger;
8° Staff representative of an external company, appointed to the health, safety and working conditions committee of an establishment comprising at least one classified facility on the list provided for inArticle L. 515-36 of the Environment Code or mentioned in Article L. 211-2 of the Mining Code;
9° Member of a joint committee on health, safety and working conditions in agriculture provided for inArticle L. 717-7 of the Rural and Maritime Fishing Code;
10° Employee representative in a chamber of agriculture mentioned inarticle L. 515-1 of the rural and maritime fishing code;
11° Employee mandated under the conditions provided for in articles L. 2232-23-1 and L. 2232-26, as soon as the employer is aware of his imminent appointment, or former employee mandated, during the six months following the date on which his mandate ended. Where no agreement has been reached at the end of the negotiations for which the employee has been appointed, the period of protection runs from the date of the end of these negotiations, as evidenced by a statement of disagreement;
12° Maritime assessor mentioned inarticle 7 of the law of 17 December 1926 relating to repression in maritime matters;
13° Défenseur syndical mentioned in article L. 1453-4.