Section 4a: Trade union audience measurement for companies with fewer than eleven employees

In order to measure the audience of trade union organisations among employees in companies with less than eleven employees, with the exception of those in the branches mentioned in article L. 2122-6, a ballot is organised at regional level every four years. This ballot takes place during a period set by decree.

Employees of companies with fewer than eleven employees on 31 December of the year preceding the election, who hold an employment contract during that month of December, who are over sixteen years of age and who are not subject to any prohibition, disqualification or incapacity relating to their civic rights are eligible to vote.

By way of derogation from their professional secrecy obligations, the social security funds communicate to the services of the minister responsible for labour the data relating to companies employing one or more employees as well as the data relating to these employees included in the social security declarations and necessary for drawing up the electoral roll.

The electoral list is drawn up by the competent state authority. Voters are registered in two colleges, a “managerial” college and a “non-managerial” college, on the basis of information relating to membership of a supplementary pension institution entered on companies’ social security declarations, in accordance with the conditions laid down by decree in the Conseil d’Etat.

Any elector or a representative appointed by the elector may lodge a dispute with the court concerning an entry on the electoral roll, under conditions laid down by decree in the Conseil d’Etat. The judge hearing the case will check that the voters concerned meet the conditions laid down in articles L. 2122-10-2 and L. 2122-10-4.

Employee trade union organisations that meet the criteria of respect for republican values, independence and financial transparency, that have been legally constituted for at least two years and whose articles of association entitle them to be present in the geographical area concerned, as well as trade unions affiliated to a representative trade union organisation at national and cross-industry level, declare themselves as candidates to the services of the Minister of…

Voting takes place electronically and by post. Where it does not, the employer is not obliged to provide employees with computer equipment enabling electronic voting. The conditions governing the conduct of the ballot and the confidentiality of the vote are determined by decree of the Conseil d’Etat. The aforementioned decree also specifies the information to be provided to employees.

The rules set out in Articles L. 10 and L. 67 of the Electoral Code apply to electoral operations.

The employer must allow employees the time they need to vote from their place of work, while guaranteeing the confidentiality of their vote. When voting takes place during working hours, this time is considered as working time and paid at the normal rate.

The employer shall allow the employees of its company appointed as assessors, delegates and representatives of the candidate trade union organisations the time necessary to carry out their duties. The time actually spent performing these duties, including outside the company, during working hours is considered as working time and paid at the normal rate. The performance by an employee of the duties of assessor, delegate and representative of the candidate…