The election takes place during working time. However, an agreement to the contrary may be reached between the employer and all the representative trade union organisations in the company, particularly in the case of continuous working.
The procedures for organising and running the elections are the subject of an agreement between the employer and the trade union organisations, concluded in accordance with article L. 2314-6. This agreement shall comply with the general principles of electoral law. Terms and conditions on which no agreement has been reached may be determined by a decision of the court.
Voting is by list with two rounds and proportional representation with the highest average. In the first ballot, each list is drawn up by the trade union organisations mentioned in the first and second paragraphs of article L. 2314-5. If the number of voters is less than half of the registered voters, a second ballot shall be held within fifteen days, for which the voters may vote for lists other…
For each electoral college, the lists referred to in article L. 2314-29 which include several candidates are made up of a number of women and men corresponding to the proportion of women and men registered on the electoral list. The lists are made up alternately of one candidate of each sex until the number of candidates of one sex is exhausted. When the application of the first paragraph does not…
As soon as an agreement or a decision by the administrative authority or the employer on the distribution of the workforce has been reached, the employer shall inform the employees, by any means that enables this information to be dated with certainty, of the proportion of women and men making up each electoral college.
Disputes relating to the electorate, to the composition of the lists of candidates in application of article L. 2314-30, to the regularity of the electoral operations and to the appointment of trade union representatives fall within the jurisdiction of the judicial judge. When a dispute makes it essential to have recourse to an investigative measure, the expenses relating to this measure are borne by the State. If, after the election,…
The members of the staff delegation of the social and economic committee are elected for four years. The number of successive mandates is limited to three, except: 1° For companies with less than fifty employees; 2° For companies with between fifty and three hundred employees, if the agreement provided for in article L. 2314-6 stipulates otherwise. The maximum number of successive mandates set in the second paragraph of this article…
Notwithstanding the provisions of Article L. 2314-33, a branch agreement, a group agreement or a company agreement, as the case may be, may set the term of office of the employee representatives on the committee at between two and four years.
When there is a change in the legal situation of the employer as referred to in Article L. 1224-1, the mandate of the elected members of the staff delegation of the social and economic committee and of the trade union representatives of the undertaking which has been the subject of the change continues when this undertaking retains its legal autonomy. If this undertaking becomes an establishment within the meaning of…
Any member of the Social and Economic Committee staff delegation may be dismissed during his/her term of office on a proposal made by the trade union organisation that nominated him/her, with the agreement obtained by secret ballot of the majority of the electoral college to which he/she belongs.
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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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