Chapter III: Assistance and representation of the parties.

Notwithstanding the first paragraph of article 4 of Law no. 71-1130 of 31 December 1971 reforming certain judicial and legal professions, the parties may defend themselves or be assisted or represented before the industrial tribunal, in addition to by a lawyer, by : 1° Employees or employers belonging to the same branch of activity ; 2° Union representatives ; 3° Their spouse, partner in a civil solidarity pact or cohabiting…

Minors who cannot be assisted by their father, mother or guardian may be authorised by the industrial tribunal to bring proceedings before it.

Persons authorised to assist or represent parties in industrial tribunal matters, if they are also industrial tribunal members, may not act as assistants or representatives before the industrial tribunal to which they belong.

The chairman and vice-chairman of the industrial tribunal may not attend or represent the parties before the panels of the tribunal.

A trade union representative provides assistance or representation before industrial tribunals and appeal courts in industrial tribunal matters. They are included on a list drawn up by the administrative authorities on the basis of proposals from employers’ and employees’ organisations, under conditions defined by decree. The trade union representative acts within the scope of an administrative region.

In establishments with at least eleven employees, the trade union representative is given the time required to carry out his duties, up to a maximum of ten hours per month.

The time spent by the trade union representative away from the company during working hours in order to carry out his duties is treated as actual working time for the purposes of determining the duration of paid leave and entitlement to social insurance and family benefits, as well as with regard to all the rights that the employee holds by virtue of his seniority in the company. These absences are…

The employer shall grant the trade union representative, at the latter’s request, leave of absence for training purposes. These authorisations are granted for a maximum of two weeks per four-year period following the publication of the list of trade union representatives on which the trade union representative is registered. Article L. 3142-12 applies to these authorisations. These absences are remunerated by the employer.

The trade union representative is bound by professional secrecy in all matters relating to manufacturing processes. They are bound by an obligation of discretion with regard to information of a confidential nature and given as such by the person they are assisting or representing or by the opposing party in negotiations. Any breach of these obligations may result in the removal of the person concerned from the list of union…

The performance of the trade union representative’s duties may not be grounds for disciplinary action or termination of the employment contract. Dismissal of trade union representatives is subject to the administrative authorisation procedure set out in Book IV of Part Two.