Subsection 4: Candidatures of employee trade union organisations

Applications from trade union organisations are submitted electronically on a dedicated website under the responsibility of the Minister of Labour. Applications from trade union organisations that are statutorily entitled to be present in the geographical area of one or more regions or local authorities included in the territorial jurisdiction of a single regional directorate for companies, competition, consumption, labour and employment are examined by this directorate. Applications from trade union…

An order issued by the Minister for Labour sets the period for the submission of candidacies and election propaganda documents by trade union organisations, as well as the model documents required for the submission of candidacies.

Trade unions affiliated to the same trade union organisation at cross-industry level declare themselves as candidates under the name of that organisation alone. Trade unions other than those whose articles of association entitle them to be present at cross-industry level shall indicate the branch or branches in which they are standing as candidates, taking into account the employees they are statutorily entitled to represent.

The following documents must be attached to a trade union organisation’s nomination paper: 1° A declaration on honour by the representative of this organisation certifying that his candidacy meets the requirements set out in article L. 2122-10-6; 2° A copy of its articles of association; 3° A copy of the receipt for the filing of its articles of association; 4° Evidence and documents proving the independence and financial transparency of…

The administrative authority responsible for examining the declaration of candidacy issues a receipt to the trade union organisation’s representative by electronic means, provided that this declaration satisfies the conditions and deadlines laid down in Articles R. 2122-34 and R. 2122-36. If the application does not meet the conditions laid down in Article L. 2122-10-6, it notifies the trade union organisation’s representative of its refusal to validate the application. Validation of…

In each region, the Regional Director of Companies, Competition, Consumption, Labour and Employment publishes the list of admissible applications in the Recueil des actes administratifs fifteen days after the expiry of the application period mentioned in article R. 2122-34. The applications are also published on the website of the Ministry of Labour.

Decisions concerning the validation of one or more candidacies may be contested by petition, on pain of inadmissibility, within fifteen days of the publication referred to in article R. 2122-38, before the judicial court within whose jurisdiction the administrative authority referred to in article R. 2122-37 has its registered office. An appeal may be lodged by any elector or any representative of a candidate organisation under the conditions laid down…

The Tribunal Judiciaire shall give its decision without charge or formality within ten days from the date of referral. The parties are notified of the decision within three days by the court registry, which sends a copy within the same timeframe to the relevant regional director of companies, competition, consumption, labour and employment or, where applicable, to the minister responsible for labour.

The decision of the judicial tribunal may be appealed to the Court of Cassation within ten days of its notification. When it overturns a decision of the judicial tribunal made pursuant to article R. 2122-39, the Court of Cassation may rule on the merits under the conditions mentioned in Article L. 411-3 of the Code de l’organisation judiciaire. The appeal is heard under the conditions set out in articles 999…

The time limits set by articles R. 2122-39 to R. 2122-41 are calculated and extended in accordance with the provisions of articles 640, 641 and 642 of the Code of Civil Procedure.