Chapter IV: Composition, elections and term of office

When the threshold of eleven employees has been crossed under the conditions provided for in the second paragraph of article L. 2311-2, the employer informs the personnel every four years of the organisation of the elections by any means enabling this information to be dated with certainty. The document distributed shall specify the date planned for the first round. This must be held, at the latest, on the ninetieth day…

Trade union organisations which meet the criteria of respect for republican values and independence, which have been legally constituted for at least two years and whose professional and geographical scope covers the company or establishment concerned, are informed, by any means, of the organisation of the elections and invited to negotiate the pre-electoral agreement and to draw up the lists of their candidates for the functions of member of the…

In the absence of legislative provisions to the contrary, the validity of the pre-electoral agreement concluded between the employer and the trade union organisations concerned is subject to its signature by the majority of the trade union organisations that took part in its negotiation, including the representative trade union organisations that received the majority of the votes cast in the last professional elections or, where these results are not available,…

The pre-electoral agreement may modify the number of seats or the number of individual delegation hours, provided that the total number of hours for each college is at least equal to that provided for by law in relation to the number of employees in the company.

Where there is no social and economic committee, the employer shall initiate the procedure defined in Article L. 2314-5 at the request of an employee or a trade union organisation within one month of receiving the request. Where the employer has initiated the electoral process and a statement of failure to act has been drawn up, the request may not be made until six months after the statement has been…

If the social and economic committee has not been set up or renewed, the employer will draw up a report on the failure to do so. The employer informs the employees of the report in the company by any means that can be used to give a definite date to this information and forwards it within fifteen days, by any means that can be used to give a definite date…

Partial elections are organised at the initiative of the employer if an electoral college is no longer represented or if the number of full members of the Social and Economic Committee staff delegation is reduced by half or more, unless these events occur less than six months before the end of the term of office of the members of the Social and Economic Committee staff delegation. By-elections are held under…