The provisions of this Book shall apply to private law employers and their employees. They shall also apply to the staff of public bodies employed under the conditions of private law, subject to the specific provisions having the same purpose resulting from the statute governing such staff.
The provisions of this Book shall apply without prejudice to other rights granted to trade unions by particular laws.
The representativeness of trade union organisations is determined on the basis of the following cumulative criteria: 1° Respect for republican values; 2° Independence; 3° Financial transparency; 4° A minimum of two years’ seniority in the professional and geographical field covering the negotiation level. This seniority is assessed from the date of legal filing of the articles of association; 5° Audience established according to the negotiation levels in accordance with articles…
If it is necessary to determine the representativeness of a trade union or professional organisation other than those affiliated to one of the representative organisations at national level, the administrative authority will carry out an investigation. The organisation concerned shall provide the evidence available to it.
In the company or establishment, the trade union organisations that meet the criteria of Article L. 2121-1 and that received at least 10% of the votes cast in the first round of the most recent elections of full members to the social and economic committee, regardless of the number of voters, are representative.
In the company or establishment, trade union organisations affiliated to a national cross-industry trade union confederation which meet the criteria of Article L. 2121-1 and which received at least 10% of the votes cast in the first round of the most recent elections for full members of the social and economic committee in these colleges, irrespective of the number of voters, are representative with regard to the staff covered by…
Where a joint list has been drawn up by trade union organisations, the votes cast shall be divided between them on the basis indicated by the trade union organisations concerned when they submitted their list, failing which the votes shall be divided equally between the organisations concerned.
When submitting the list, the trade union shall indicate, where applicable, its affiliation to a trade union organisation. In the absence of such indication, the trade union organisation does not receive the votes cast in favour of the trade union affiliated to it for the measurement of the audience provided for in 5° of article L. 2121-1.
The representativeness of the trade union organisations at the level of all or part of the group is assessed in accordance with the rules defined in articles L. 2122-1 to L. 2122-3 relating to trade union representativeness at company level, by adding together all the votes obtained in the companies or establishments concerned. If the perimeter of the companies or establishments included in the scope of a group agreement is…
In professional sectors, trade union organisations are representative if they : 1° Satisfy the criteria of Article L. 2121-1 ; 2° Have a balanced territorial coverage within the branch; 3° Have received at least 8% of the votes cast resulting from the addition at branch level, on the one hand, of the votes cast in the first round of the most recent elections of holders to the social and economic…
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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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