French Business Law - French Legislation

Article L2122-6-1 of the French Labour Code

November 8, 2023

For the staff mentioned inarticle L. 123-2 of the Social Security Code and, in Mayotte, inarticle 25-1 of order no. 96-1122 of 20 December 1996 relating to the improvement of public health, to sickness, maternity, invalidity and death insurance, to the financing of social security in Mayotte and to the Social Security Fund in Mayotte, who do not have representation arrangements applicable to their specific circumstances, the threshold set in…

Article L2122-7 of the French Labour Code

November 8, 2023

Trade union organisations that are affiliated to a national cross-industry trade union confederation and that meet the conditions of article L. 2122-5 in these colleges are representative at branch level with regard to the staff covered by the electoral colleges in which their statutory rules entitle them to put forward candidates.

Article L2122-8 of the French Labour Code

November 8, 2023

Once the representativeness of the trade union organisations has been established, they determine, in conjunction with the employers’ organisations, the list of subjects to be covered by collective bargaining at branch level, as well as the procedures for its organisation.

Article L2122-9 of the French Labour Code

November 8, 2023

The following trade union organisations are representative at national and cross-industry level: 1° Meet the criteria of Article L. 2121-1 ; 2° Are representative in the branches of industry, construction, commerce and services; 3° Have received at least 8% of the votes cast resulting from the addition at national and cross-industry level of the votes cast in the first round of the most recent elections of titular members to the…

Article L2122-10 of the French Labour Code

November 8, 2023

A national cross-industry trade union confederation is representative with regard to the staff covered by the electoral colleges in which its statutory rules entitle it to present candidates, provided that it: 1° It meets the criteria of Article L. 2121-1 and 2° of Article L. 2122-9; 2° it has received at least 8% of the votes cast in these colleges, after adding up the results mentioned in 3° of Article…

Article L2122-10-1 of the French Labour Code

November 8, 2023

In order to measure the audience of trade union organisations among employees in companies with less than eleven employees, with the exception of those in the branches mentioned in article L. 2122-6, a ballot is organised at regional level every four years. This ballot takes place during a period set by decree.

Article L2122-10-2 of the French Labour Code

November 8, 2023

Employees of companies with fewer than eleven employees on 31 December of the year preceding the election, who hold an employment contract during that month of December, who are over sixteen years of age and who are not subject to any prohibition, disqualification or incapacity relating to their civic rights are eligible to vote.

Article L2122-10-3 of the French Labour Code

November 8, 2023

By way of derogation from their professional secrecy obligations, the social security funds communicate to the services of the minister responsible for labour the data relating to companies employing one or more employees as well as the data relating to these employees included in the social security declarations and necessary for drawing up the electoral roll.

Article L2122-10-4 of the French Labour Code

November 8, 2023

The electoral list is drawn up by the competent state authority. Voters are registered in two colleges, a “managerial” college and a “non-managerial” college, on the basis of information relating to membership of a supplementary pension institution entered on companies’ social security declarations, in accordance with the conditions laid down by decree in the Conseil d’Etat.

Article L2122-10-5 of the French Labour Code

November 8, 2023

Any elector or a representative appointed by the elector may lodge a dispute with the court concerning an entry on the electoral roll, under conditions laid down by decree in the Conseil d’Etat. The judge hearing the case will check that the voters concerned meet the conditions laid down in articles L. 2122-10-2 and L. 2122-10-4.

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Legislative part

Article L2122-6-1 of the French Labour Code

Article L2122-7 of the French Labour Code

Article L2122-8 of the French Labour Code

Article L2122-9 of the French Labour Code

Article L2122-10 of the French Labour Code

Article L2122-10-1 of the French Labour Code

Article L2122-10-2 of the French Labour Code

Article L2122-10-3 of the French Labour Code

Article L2122-10-4 of the French Labour Code

Article L2122-10-5 of the French Labour Code

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