Section 3: Performance of duties

Each trade union delegate has the necessary time to carry out his duties. This time is at least equal to : 1° Twelve hours per month in companies or establishments with between fifty and one hundred and fifty employees ; 2° Eighteen hours per month in companies or establishments with between one hundred and fifty-one and four hundred and ninety-nine employees; 3° Twenty-four hours per month in companies or establishments…

In companies or establishments where, in application of articles L. 2143-3 and L. 2143-4, several delegates are appointed for each trade union section, these delegates may divide among themselves the time they have available for their trade union delegate mandate. They inform the employer of this.

The central trade union delegate provided for in the first paragraph of Article L. 2143-5 has twenty-four hours per month to carry out his duties. These hours are in addition to those he may have in a capacity other than that of establishment trade union delegate. Unless there is a collective agreement to the contrary, when the elected or appointed staff representative is an employee mentioned in article L. 3121-58,…

Each trade union section has, for the benefit of its trade union delegate(s) and the employees of the company called upon to negotiate the company agreement or arrangement, with a view to preparing the negotiation of this agreement or arrangement, an additional overall credit within the limit of a duration which may not exceed: 1° Twelve hours per year in companies with at least five hundred employees ; 2° Eighteen…

Each trade union delegate may use delegation hours, apart from those mentioned in article L. 2143-16, to take part, on behalf of his organisation, in negotiations or consultations at a level other than that of the company or in meetings of bodies organised in the interests of the employees of the company or the branch.

Delegation hours are automatically considered as working time and paid at the normal rate. If the employer wishes to contest the use made of delegation time, he must refer the matter to the courts.

Time used to attend meetings held at the employer’s initiative cannot be deducted from delegation time.

In temporary employment undertakings, the delegation hours used between two assignments, in accordance with the provisions of the agreement, by a temporary employee trade union delegate to exercise his mandate are considered as working hours. These hours are deemed to be attached, as far as their remuneration and the related social security charges are concerned, to the last employment contract with the temporary employment company for which he was appointed…