Book III: Employee representative bodies

In the absence of legislative provisions to the contrary, the validity of the pre-electoral agreement concluded between the employer and the trade union organisations concerned is subject to its signature by the majority of the trade union organisations that took part in its negotiation, including the representative trade union organisations that received the majority of the votes cast in the last professional elections or, where these results are not available,…

The pre-electoral agreement may modify the number of seats or the number of individual delegation hours, provided that the total number of hours for each college is at least equal to that provided for by law in relation to the number of employees in the company.

Where there is no social and economic committee, the employer shall initiate the procedure defined in Article L. 2314-5 at the request of an employee or a trade union organisation within one month of receiving the request. Where the employer has initiated the electoral process and a statement of failure to act has been drawn up, the request may not be made until six months after the statement has been…

If the social and economic committee has not been set up or renewed, the employer will draw up a report on the failure to do so. The employer informs the employees of the report in the company by any means that can be used to give a definite date to this information and forwards it within fifteen days, by any means that can be used to give a definite date…

Partial elections are organised at the initiative of the employer if an electoral college is no longer represented or if the number of full members of the Social and Economic Committee staff delegation is reduced by half or more, unless these events occur less than six months before the end of the term of office of the members of the Social and Economic Committee staff delegation. By-elections are held under…