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Chapter IV: Composition, elections and term of office

Article R2314-1 of the French Labour Code

In the absence of stipulations in the agreement provided for in the third paragraph of article L. 2314-1, the number of members of the staff delegation of the social and economic committee provided for in article L. 2314-1 is defined in the table below. In the absence of stipulations in the agreement provided for in article L. 2314-7, the monthly time required for the performance of their duties by the…

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Article R2314-2 of the French Labour Code

The terms and conditions for the organisation and running of electoral operations on which no agreement has been reached are set, pursuant to Article L. 2314-28, by the President of the Tribunal Judiciaire. The president of the court of first instance shall give the final ruling in accordance with the accelerated procedure on the merits.

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Article R2314-3 of the French Labour Code

The allocation of staff to the electoral colleges and the allocation of seats between the different categories of staff, in the case provided for in the third paragraph of article L. 2314-13, is carried out by the regional director of companies, competition, consumption, labour and employment of the head office of the company or establishment concerned. The Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment takes his decision…

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Article R2314-5 of the French Labour Code

The election of the members of the staff delegation of the social and economic committee may be carried out by electronic voting at the workplace or remotely. Without prejudice to the provisions relating to the pre-electoral agreement protocol set out in articles L. 2314-5 et seq., the possibility of using an electronic vote is opened up by a company agreement or by a group agreement. In the absence of an…

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Article R2314-6 of the French Labour Code

The design and implementation of the electronic voting system may be entrusted to a service provider chosen by the employer on the basis of specifications complying with the provisions of this paragraph. The system chosen ensures the confidentiality of the data transmitted, in particular that of the files created to draw up the electoral lists of the electoral colleges, as well as the security of the addressing of the means…

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Article R2314-7 of the French Labour Code

During an election by electronic voting, the files containing the voters’ authentication details, the encryption and decryption keys and the contents of the ballot box are only accessible to those responsible for managing and maintaining the system. Data relating to voters registered on the electoral roll and data relating to their vote are processed by separate, dedicated and isolated computer systems, known respectively as the voters’ file and the contents…

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Article R2314-9 of the French Labour Code

Prior to its implementation or to any substantial modification of its design, the electronic voting system is subject to an independent expert assessment to verify compliance with articles R. 2314-5 to R. 2314-8. The expert’s report is made available to the Commission nationale de l’informatique et des libertés. The provisions of these same articles also apply to the persons responsible for the management and maintenance of the computer system.

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