Book IV: Dispute resolution - The industrial tribunal

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…

The organisation responsible for the course will issue the employee with a certificate stating that he/she has attended the course. This certificate is given to the employer when the employee returns to work.

The employer is reimbursed monthly by the State for the salaries maintained in application of article L. 1453-6 as well as all the benefits and corresponding social security charges for which it is responsible. When working hours are longer than the legal working hours, the cost of additional overtime pay is shared between the State and the employer. This apportionment is made in proportion to the time spent by the…

The reimbursement provided for in article D. 1453-2-10 is made on the basis of a request made by the employer to the agency mentioned in article D. 1453-2-15. This request shall state the number of hours spent by the trade union representative during working hours to carry out his or her duties, as well as the other information required to calculate the sums due pursuant to the provisions of article…

Notwithstanding the provisions of article D. 1453-2-10, union representatives paid solely on a commission basis receive, within the limit of ten hours per month mentioned in article L. 1453-5, an hourly allowance equal to 1/1,900 of the professional income declared to the tax authorities. To this end, the person concerned shall produce a copy of his or her tax return and an income certificate issued by the employer(s). The request…