Book I: Trade unions

The exercise of the right to organise is recognised in all undertakings with due respect for the rights and freedoms guaranteed by the Constitution of the Republic, in particular individual freedom to work. Professional trade unions may organise freely in all undertakings in accordance with the provisions of this Title.

Employers are prohibited from taking trade union membership or activity into consideration when making decisions on recruitment, the conduct and allocation of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and the termination of employment contracts. An agreement determines the measures to be implemented to reconcile personal life, professional life and trade union and elective functions, taking care to promote equal access for women and…

In the absence of a collective agreement at branch or company level setting out guaranteed changes in the remuneration of the employees mentioned in 1° to 7° of article L. 2411-1 and in articles L. 2142-1-1 and L. 2411-2 at least as favourable as those mentioned in this article, these employees, when the number of delegation hours they have over the year exceeds 30% of the working time set in…

Employers are prohibited from deducting union dues from their employees’ salaries and paying them in their place.

The employer or its representatives are prohibited from using any means of pressure in favour of or against a trade union organisation.

Every year, the employer informs the employees, by any means, of the availability of the addresses of the representative employee trade union organisations in the branch to which the company belongs on the website of the Ministry of Labour.

The provisions of articles L. 2141-5 to L. 2141-7 are a matter of public policy. Any measure taken by the employer contrary to these provisions shall be deemed to be improper and shall give rise to damages.

Trade unions that are representative in the company benefit from the provisions applicable to the trade union section and the trade union delegate set out in Chapters III and IV.

The provisions of this Title shall not prevent collective labour agreements or arrangements containing more favourable clauses, in particular those relating to the establishment of trade union delegates or central trade union delegates in all cases where the legal provisions have not made such establishment compulsory. No limitation may be placed on the provisions relating to the exercise of trade union rights by memorandum or unilateral decision of the employer.

For the purposes of this Title, the methods for calculating the number of employees are those set out in Articles L. 1111-2 and L. 1251-54.