In staff portage companies, all staff portage employees who satisfy the seniority conditions defined by article L. 2314-21 and who, at the time the lists are drawn up, are carrying out a portage service under an employment contract concluded with the company, are eligible to vote or stand for election.
The Labour Inspector may, after consulting the representative trade union organisations in the undertaking, authorise derogations from the conditions of seniority for eligibility to vote, in particular where their application would have the effect of reducing to less than two thirds of the workforce the number of employees fulfilling these conditions. It may also, after consulting the representative trade union organisations in the company, authorise derogations to the conditions of…
The election takes place by secret ballot in an envelope. It may also take place by electronic vote, in accordance with the procedures laid down by a decree of the Conseil d’Etat issued after consulting the Commission nationale de l’informatique et des libertés, if a company agreement or, failing that, the employer so decides. Separate votes are held for full members and alternate members, in each of the professional categories…
The election takes place during working time. However, an agreement to the contrary may be reached between the employer and all the representative trade union organisations in the company, particularly in the case of continuous working.
The procedures for organising and running the elections are the subject of an agreement between the employer and the trade union organisations, concluded in accordance with article L. 2314-6. This agreement shall comply with the general principles of electoral law. Terms and conditions on which no agreement has been reached may be determined by a decision of the court.
Voting is by list with two rounds and proportional representation with the highest average. In the first ballot, each list is drawn up by the trade union organisations mentioned in the first and second paragraphs of article L. 2314-5. If the number of voters is less than half of the registered voters, a second ballot shall be held within fifteen days, for which the voters may vote for lists other…
For each electoral college, the lists referred to in article L. 2314-29 which include several candidates are made up of a number of women and men corresponding to the proportion of women and men registered on the electoral list. The lists are made up alternately of one candidate of each sex until the number of candidates of one sex is exhausted. When the application of the first paragraph does not…
As soon as an agreement or a decision by the administrative authority or the employer on the distribution of the workforce has been reached, the employer shall inform the employees, by any means that enables this information to be dated with certainty, of the proportion of women and men making up each electoral college.
Disputes relating to the electorate, to the composition of the lists of candidates in application of article L. 2314-30, to the regularity of the electoral operations and to the appointment of trade union representatives fall within the jurisdiction of the judicial judge. When a dispute makes it essential to have recourse to an investigative measure, the expenses relating to this measure are borne by the State. If, after the election,…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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