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Section 3: Trade union audience measurement for companies with fewer than eleven employees

Article R2122-8 of the French Labour Code

The vote is open to the employees mentioned in article L. 2122-10-2, registered on the electoral list provided for in article L. 2122-10-4, with the exception of those in the branches mentioned in article L. 2122-6.

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Article R2122-9 of the French Labour Code

Voters are entered on the electoral roll of the region in which the company or establishment in which they carry out their main activity is located. The employee’s main activity is that for which he or she has worked the greatest number of hours during the month of December of the year preceding the year of the election.

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Article R2122-10 of the French Labour Code

Employees affiliated to a supplementary pension institution belonging to the Association générale des institutions de retraite des cadres (General Association of Supplementary Pension Institutions for Managerial Staff) are included in the “collège cadre”. For employees affiliated to a supplementary pension institution that is neither part of this association nor of the Association pour le régime de retraite complémentaire des salariés, registration in the collège cadre is based on the socio-professional…

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Article R2122-12 of the French Labour Code

A system for the automatic processing of personal data with a view to drawing up the electoral list for the measurement of the audience referred to in Article L. 2122-10-1, known as the “files of electoral lists for the measurement of the audience of trade union organisations concerning companies with fewer than eleven employees”, is created by the departments of the Minister responsible for labour to collect the following categories…

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Article R2122-14 of the French Labour Code

The recipients of the personal data collected are : 1° For all the information mentioned in article R. 2122-12, including the registration number in the national register for the identification of natural persons for the purposes of detecting multiple registrations: the agents of the service providers responsible for drawing up the electoral roll acting on behalf of the Minister for Labour; 2° For all the information mentioned in article R….

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Article R2122-15 of the French Labour Code

The right of access to and rectification of the data mentioned in Article R. 2122-12, provided for in Articles 15 and 16 of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, may be exercised with the departments of the Minister for Labour under the conditions provided…

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Article R2122-15-1 of the French Labour Code

Where article R. 2122-48-4 is applied, all voters have the right to object to their address being communicated to the trade union organisations. The voter is informed of the existence of this right by the document mentioned in the last paragraph of article R. 2122-19 and on the website dedicated to the elections mentioned in the same article. If they wish to exercise this right, they must send a request…

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Article R2122-16 of the French Labour Code

The files compiled from the data mentioned in article R. 2122-12 are kept by the departments of the Minister for Labour for a period of one year after the close of the poll for which the files were compiled. After this period, the files are transferred to the national archives. These departments may, however, keep a copy of extracts from the anonymised files with a view to carrying out experiments…

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