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Chapter III: Trade union delegate

Article R2143-2 of the French Labour Code

In companies, the number of union delegates is set as follows: 1° From 50 to 999 employees: 1 delegate; 2° From 1,000 to 1,999 employees: 2 delegates; 3° From 2,000 to 3,999 employees: 3 delegates; 4° From 4,000 to 9,999 employees: 4 delegates; 5° Above 9,999 employees: 5 delegates.

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Article R2143-3 of the French Labour Code

In undertakings with separate establishments with fifty or more employees, the number of trade union delegates is set per establishment in accordance with article R. 2143-2. To assess the threshold of fifty employees, the number of employees is calculated in accordance with the second paragraph of article L. 2143-3.

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Article R2143-3-1 of the French Labour Code

When the credit of hours or the fraction of the credit of hours remaining is less than four hours, the trade union delegate and the central trade union delegate who benefit from it in respect of the hours added up over the year as provided for in articles L. 2143-13 and L. 2143-15 have half a day which is deducted from the annual number of days worked set in the…

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Article D2143-4 of the French Labour Code

The full name(s) of the trade union delegate(s), the central trade union delegate(s) and the trade union representative(s) on the social and economic committee are notified to the employer either by registered letter with acknowledgement of receipt, or by letter delivered against receipt.

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Article R2143-5 of the French Labour Code

The court of first instance has final jurisdiction over disputes relating to the conditions for appointing trade union delegates under the law or collective bargaining agreement.The matter is referred to it by petition.It rules within ten days, without costs or procedural formalities, and after giving three days’ notice to all interested parties.The court’s decision is notified by the court registry within three days by registered letter with acknowledgement of receipt.The…

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Article R2143-6 of the French Labour Code

In the absence of an agreement, the decision to withdraw the trade union delegate mandate provided for in the second paragraph of article L. 2143-11 is taken by the regional director of companies, competition, consumption, labour and employment. If the Minister to whom an appeal is lodged remains silent for more than four months, the decision is deemed to have been rejected.

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