Part Two: Collective labour relations

The members of the staff delegation of the Social and Economic Committee are elected from lists drawn up by the trade unions for each category of staff: – firstly, by the college of blue-collar and white-collar workers ; – the college of engineers, department heads, technicians, supervisors and similar staff. In companies with at least five hundred and one employees, engineers, heads of department and administrative, commercial or technical managers…

An agreement may modify the number and composition of the electoral colleges provided that it is signed by all the representative trade union organisations in the company. The agreement concluded does not prevent the creation of the third college under the conditions provided for in the last paragraph of article L. 2314-11. The agreement is communicated, at its request, to the labour inspector mentioned in article L. 8112-1.

The distribution of seats between the different categories of personnel and the distribution of personnel in the electoral colleges are the subject of an agreement between the employer and the trade union organisations concluded under the conditions of article L. 2314-6. This agreement mentions the proportion of women and men making up each electoral college. Where at least one trade union organisation has responded to the employer’s invitation to negotiate…

Where no representative trade union organisation in the company has taken part in the negotiations, the employer will allocate staff and seats to the various electoral colleges.

Provisions are made by pre-electoral agreement, concluded in accordance with Article L. 2314-6, to facilitate, where appropriate, the representation of employees working in successive shifts or in conditions that isolate them from other employees.

Without prejudice to the provisions of Articles L. 2314-11 and L. 2314-12, in temporary employment undertakings, the distribution of seats may be the subject of a pre-electoral agreement, concluded in accordance with Article L. 2314-6, with a view to ensuring fair representation of permanent and temporary staff.

Where the court, having been seized of the matter prior to the elections, decides to set up a system to monitor the regularity, freedom and fairness of the ballot, the costs incurred by these measures shall be borne by the employer.