The trade union delegate must be at least eighteen years of age, have worked in the company for at least one year and not have been disqualified, disqualified or disqualified from holding any civic rights. This one-year period is reduced to four months in the event of the creation of a company or the opening of an establishment.
In temporary employment undertakings, the seniority condition for being appointed as a trade union delegate is set at six months for temporary employees. It is assessed by adding together the periods during which these employees were linked to these companies by assignment contracts during the eighteen months preceding the appointment of the trade union delegate. This period is reduced to six months in the event of the creation of a…
Each representative trade union organisation in the company or establishment of at least fifty employees, which forms a trade union section, appoints from among the candidates in the professional elections who have received in a personal capacity and in their college at least 10% of the votes cast in the first round of the last elections to the social and economic committee, whatever the number of voters, within the limits…
In undertakings with at least five hundred employees, any trade union that is representative in the undertaking may appoint an additional trade union delegate if it has obtained one or more elected representatives in the college of blue-collar and white-collar workers at the Social and Economic Committee elections and if it has at least one elected representative in one of the other two colleges. This additional delegate is appointed from…
In companies with at least two thousand employees and at least two establishments with at least fifty employees each, each representative trade union in the company may appoint a central company trade union delegate, separate from the establishment trade union delegates. This central trade union delegate is appointed by a trade union which received at least 10% of the votes cast in the first round of the most recent elections…
In establishments employing fewer than fifty employees, the trade unions which are representative in the establishment may appoint, for the duration of his term of office, a member of the staff delegation to the social and economic committee as a trade union delegate. Unless provided for by agreement, this mandate does not give entitlement to a time credit. The time available to the member of the staff delegation to the…
The names of the union representative(s) are brought to the attention of the employer under conditions determined by decree. They are posted on boards reserved for trade union communications. A copy of the notice sent to the employer is simultaneously sent to the labour inspector mentioned in article L. 8112-1. The same procedure is applied in the event of the delegate being replaced or leaving office.
Disputes relating to the conditions of appointment of legal or contractual trade union delegates fall within the sole jurisdiction of the courts. An appeal is only admissible if it is lodged within fifteen days of completion of the formalities provided for in the first paragraph of article L. 2143-7. Once this period has elapsed, the appointment is cleared of all defects, without the employer being able to subsequently raise an…
The duties of trade union delegate are compatible with those of member of the staff delegation on the social and economic committee or trade union representative on this committee.
In the event of a change in the legal status of the employer as referred to in article L. 1224-1, the mandate of the trade union delegate or central trade union delegate continues when the undertaking which is the subject of the change retains its legal autonomy. The same applies when the modification concerns an establishment within the meaning of article L. 2143-3.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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