Union representative

Competences

The union representatives (DS) are qualified to support the claims of paid near the employer and thus to take care of the modification, even with the application in the most favorable direction of the duty legal and. The DS can thus intervene in the fields of competence of the Union delegate which takes care of the application of this right.

The DS are the single and obliged interlocutors employers at the time of the obligatory annual Collective bargain.

Designation

The DS are indicated by the Syndicat in the companies of at least 50 paid.
In the companies of less than 50 paid, the union delegates can be indicated union representatives.
DS common to several companies can be indicated when those constitute a economic and social Unité (EU).

In theory, only the representative trade unions which constituted a Local union of company (SE) in the company can designate one or more delegates. In practice, it is the reverse. The only designation of a DS is enough to establish the existence of a SE.

The representative trade union must send a registered letter with acknowledgment of delivery to the directors of the company or establishment and a copy with the Factory inspectorate. Designation must be posted in the buildings on the trade-union panels. Designation takes fixe day bill of reception by the employer of the courrier.
The disputes on the designation of deputy must be carried in front of the Magistrates' court in the fifteen days which follow the achievement of the formalities.

Conditions to fill by the employee

To be 18 years old minimum and to work in the company since at least a year. These conditions can be lowered by the collective agreements. (The criterion of seniority is lowered to six months in the companies of temporary work)
Seniority perhaps reached by the office plurality of several successive and distinct contracts (except convention of training course).
The employee must enjoy his civic rights.
Employees having a function being able to be comparable to the head of undertaking (Directing Finance manager, of human resources…) cannot be indicated like DS.

Conditions in the company

The number of DS is function of the manpower of the company:

from 50 to 999 paid: 1 DS
from 1.000 to 1.999 paid: 2 DS
from 2.000 to 3.999 paid: 3 DS
from 4.000 to 9.999 paid: 4 DS
beyond 10.000 paid: 5 DS

Each trade union can at least designate an additional delegate in the establishments occupying 500 paid:

if it has one or more elected officials with the college workman-employees of the work's council,
if it has at least an elected official in one of the two other colleges.

A Central union delegate can be indicated in the companies which count at least two paid establishments of fifty each one.

The Central union delegate can be distinct from the union representatives in the companies of at least two thousand paid. On the other hand, it must be selected among the union representatives in the companies of less than two thousand paid.

End of mandate

The mandate ends on the initiative of the employee or the trade union.

For the companies of less than 50 paid, in the event of nonre-election of union delegate designated as union representative.

In the event of significant drops and durable of manpower in lower part of 50 paid (drops by 10% for at least 24 months over the three previous years of reference), there must be agreement between the employer and the trade-union organizations the end of the mandate. In the absence of agreement, the decision is allocated to the departmental director of work and employment.

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