Trade-union freedom

Trade-union freedom : Right to adhere or not to a Trade union, to choose its trade union.

In France, this right is subjected to a mode of preliminary declaration. A trade union freely can constituter while depositing with the town hall of the statutes. Although no particular form is imposed, these statutes must however indicate the respective identities of its treasurer and his president.

These statutes often contain rather traditional clauses, namely:

the object of the trade union
the seat
the internal organization
the geographical sector concerned
the operating rules
conditions of modification of the statutes
conditions of dissolution

According to a circular of the Management of the Business acquaintances the 11/30/1984, “Although the law does not impose any formality in the species and in order to avoid any later dispute, it appears however desirable that the trade-union organizations inform the employer, by registered letter with acknowledgment of delivery, constitution in its company of a trade union or a local union, and address a specimen of it to the factory inspector”.

This right included trade-union liberty of action what prevents the head of undertaking from being opposed to it.

Evolution of constitutional jurisprudence : In France, the Constitutional council in particular protects trade-union freedom under the terms of subparagraph 7 from the preamble to 1946. decision 82-144DC: Constitutionalization The first time, simple reference to trade-union freedom:

81-127 CD.
82-144 CD.
83-162 CD.

The second time, end of the period of ambiguity the Constitutional council explicitly refers from now on to subparagraph 4 of the prémabule of 1946 for founded trade-union freedom: 89-257 cd.

After the decision 89-257DC the DC refers to the concept of “trade-union freedom”, that of trade union rights from now on being raised only when it is a question of determining the basic principles of the mode of freedom.

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