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Article R2122-31 of the French Labour Code

The appeal is lodged, investigated and judged under the conditions laid down by the Code of Civil Procedure for professional elections. The parties are exempted from the requirement to appear before the Conseil d’Etat and the Cour de Cassation.

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Article R2122-33 of the French Labour Code

Applications from trade union organisations are submitted electronically on a dedicated website under the responsibility of the Minister of Labour. Applications from trade union organisations that are statutorily entitled to be present in the geographical area of one or more regions or local authorities included in the territorial jurisdiction of a single regional directorate for companies, competition, consumption, labour and employment are examined by this directorate. Applications from trade union…

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Article R2122-34 of the French Labour Code

An order issued by the Minister for Labour sets the period for the submission of candidacies and election propaganda documents by trade union organisations, as well as the model documents required for the submission of candidacies.

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Article R2122-35 of the French Labour Code

Trade unions affiliated to the same trade union organisation at cross-industry level declare themselves as candidates under the name of that organisation alone. Trade unions other than those whose articles of association entitle them to be present at cross-industry level shall indicate the branch or branches in which they are standing as candidates, taking into account the employees they are statutorily entitled to represent.

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Article R2122-36 of the French Labour Code

The following documents must be attached to a trade union organisation’s nomination paper: 1° A declaration on honour by the representative of this organisation certifying that his candidacy meets the requirements set out in article L. 2122-10-6; 2° A copy of its articles of association; 3° A copy of the receipt for the filing of its articles of association; 4° Evidence and documents proving the independence and financial transparency of…

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Article R2122-37 of the French Labour Code

The administrative authority responsible for examining the declaration of candidacy issues a receipt to the trade union organisation’s representative by electronic means, provided that this declaration satisfies the conditions and deadlines laid down in Articles R. 2122-34 and R. 2122-36. If the application does not meet the conditions laid down in Article L. 2122-10-6, it notifies the trade union organisation’s representative of its refusal to validate the application. Validation of…

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Article R2122-38 of the French Labour Code

In each region, the Regional Director of Companies, Competition, Consumption, Labour and Employment publishes the list of admissible applications in the Recueil des actes administratifs fifteen days after the expiry of the application period mentioned in article R. 2122-34. The applications are also published on the website of the Ministry of Labour.

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Article R2122-39 of the French Labour Code

Decisions concerning the validation of one or more candidacies may be contested by petition, on pain of inadmissibility, within fifteen days of the publication referred to in article R. 2122-38, before the judicial court within whose jurisdiction the administrative authority referred to in article R. 2122-37 has its registered office. An appeal may be lodged by any elector or any representative of a candidate organisation under the conditions laid down…

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