Chapter III: Assistance and representation of the parties

The parties defend themselves. They may be assisted or represented.

The persons entitled to assist or represent the parties are : 1° Employees or employers belonging to the same branch of activity ; 2° Union representatives; 3° The spouse, partner in a civil solidarity pact or cohabiting partner; 4° Lawyers. The employer may also be assisted or represented by a member of the company or establishment authorised or empowered to do so. If the representative is not a lawyer, he…

The list of trade union representatives referred to in article L. 1453-4 is drawn up by the regional director of companies, competition, consumption, labour and employment, on the basis of proposals from the employers’ and employees’ organisations referred to in the same article. These organisations appoint trade union representatives at regional level on the basis of their experience of industrial relations and their knowledge of employment law. Trade union representatives…

The general conditions for performing the duties of trade union defender are specified by the organisation proposing registration and brought to the attention of the administrative authority.

The list of trade union representatives referred to in article L. 1453-4 is drawn up in each region by the regional prefect and published in the regional prefecture’s recueil des actes administratifs. The list includes in particular the surname, first name and profession of the trade union representative, the name of the trade union or professional organisation proposing him or her and, at the choice of this organisation, the contact…

Inclusion on this list enables you to act as a trade union representative.

The list of union representatives is reviewed every four years. It may be amended at any time if necessary, by addition or removal. A person may be removed from the list of trade union representatives at the request of the organisations that proposed their inclusion or at the initiative of the administrative authority. Unless there is a legitimate reason, failure to carry out the assignment for a period of one…

The trade union representative may be struck off the list by the regional prefect, under the conditions set out in article L. 1453-8. They are automatically struck off the list by the regional prefect if they fail to perform their duties free of charge.

The regional director of companies, competition, consumption, labour and employment informs the employer of the registered employee of the acquisition and withdrawal of the status of trade union representative.

The trade union representative shall inform his employer of his absence for the training provided for in article L. 1453-7 by any means giving a date certain: 1° At least thirty days in advance, if the duration of the absence is equal to or greater than three consecutive working days; 2° At least fifteen days in advance in other cases. The letter shall specify the date, duration and times of…