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Article R2314-21 of the French Labour Code

Where two lists have the same average and only one seat remains to be filled, this seat is awarded to the list with the greater number of votes. Where two lists have the same number of votes, the seat is awarded to the older of the two candidates likely to be elected.

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Article R2314-22 of the French Labour Code

A copy of the minutes of the elections to the social and economic committee or a copy of the minutes of the failure to act is sent by the employer to the service provider acting on behalf of the Minister for Employment within fifteen days of the elections being held, using an approved form. In the event of electronic transmission, the teleservice set up by the service provider acting on…

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Article R2314-23 of the French Labour Code

The court of first instance has final jurisdiction over : 1° Requests for the implementation of a ballot monitoring system as provided for in Article L. 2314-17 ; 2° Disputes as provided for in Article L. 2314-32; 3° Challenges relating to a decision taken by the administrative authority on the basis of Articles L. 2314-13 and L. 2314-25.

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Article R2314-24 of the French Labour Code

Challenges are referred to the judicial court by means of a petition. Where the dispute relates to the electorate, the application is only admissible if it is delivered or sent within three days of publication of the electoral roll. Where the challenge relates to a decision of the administrative authority, at the request of the court registry, the latter must provide proof that it has served notice of its decision…

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Article R2314-25 of the French Labour Code

The Court of First Instance shall give its decision within ten days of the matter being referred to it, without any costs or procedural formalities, and after giving three days’ notice to all interested parties. The court’s decision is notified by the registry within three days by registered letter with acknowledgement of receipt. The decision may be appealed to the Court of Cassation within ten days. The appeal is lodged,…

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Article R2314-26 of the French Labour Code

In the absence of stipulations to the contrary, the stipulations of the pre-election agreement relating to the exception to the limitation on the number of successive terms of office mentioned in 2° of Article L. 2314-33 are for an indefinite period.

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