In establishments with at least eleven employees, the trade union representative is given the time required to carry out his duties, up to a maximum of ten hours per month.
The time spent by the trade union representative away from the company during working hours in order to carry out his duties is treated as actual working time for the purposes of determining the duration of paid leave and entitlement to social insurance and family benefits, as well as with regard to all the rights that the employee holds by virtue of his seniority in the company. These absences are…
The employer shall grant the trade union representative, at the latter’s request, leave of absence for training purposes. These authorisations are granted for a maximum of two weeks per four-year period following the publication of the list of trade union representatives on which the trade union representative is registered. Article L. 3142-12 applies to these authorisations. These absences are remunerated by the employer.
The trade union representative is bound by professional secrecy in all matters relating to manufacturing processes. They are bound by an obligation of discretion with regard to information of a confidential nature and given as such by the person they are assisting or representing or by the opposing party in negotiations. Any breach of these obligations may result in the removal of the person concerned from the list of union…
The performance of the trade union representative’s duties may not be grounds for disciplinary action or termination of the employment contract. Dismissal of trade union representatives is subject to the administrative authorisation procedure set out in Book IV of Part Two.
The conciliation and referral office is responsible for reconciling the parties. As part of this task, the conciliation and referral office may hear each of the parties separately and confidentially.
If conciliation fails, the Conciliation and Referral Office may, by simple measure of judicial administration: 1° If the dispute relates to a dismissal or a request for judicial termination of the employment contract, refer the parties, with their agreement, to the Judgement Office in its restricted composition referred to in Article L. 1423-13. The restricted panel must give its decision within a period of three months; 2° Refer the parties,…
The conciliation and referral office prepares cases for trial. If the case is not ready for trial before the Judgement Office, the latter may prepare the case for trial. One or two reporting councillors may be appointed to prepare the case for trial. They shall prescribe all measures necessary for this purpose. The inspection officers referred to in Article L. 8271-1-2 shall provide the reporting advisors, at the latter’s request…
If, unless there is a legitimate reason, a party does not appear, either in person or represented in accordance with the procedures laid down by decree in the Conseil d’Etat, the conciliation and referral office may rule on the case on the basis of the documents and arguments that the appearing party has communicated to the other party. In this case, the Conciliation and Referral Office rules as a judgement…
In the event of a tie, the case is referred back to the same adjudication panel or the same summary proceedings panel, presided over by a judge of the judicial court within whose jurisdiction the seat of the industrial tribunal is located. The case is resumed within one month. In the event of a tie before the conciliation and referral office, the latter refers the case to the judgment office…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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