In an organization with fewer than fifty workers, a union delegate can’t be a union consultant. | EUROtoday

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Social proper. Since their start in 1936, the election of employees delegates first, then, after the interlude of the social committees created by the Vichy regime, whose members have been designated by the employer, that of the members of the committee of firm, created in 1945 in firms with greater than fifty workers, have given rise to an innumerable variety of courtroom selections.

Although employees delegates and works councils have been merged right into a social and financial committee (CSE) by Ordinance No. 2017-1386 of December 22, 2017, often known as the “Macron ordinance”, disputes over the designation of union representatives on the CSE, the third element with the employer and the elected representatives of this physique, haven’t stopped. The guidelines for appointing these union representatives to the CSE – however who should not have a deliberative voice – differ relying on a number of workforce thresholds.

The state of affairs is straightforward in firms with at the least 300 workers: every consultant union group within the firm can appoint a union consultant to the CSE, offered that this individual is eligible for the CSE. It is identical in institutions with between 50 and 300 workers: the union delegate of every group is, by proper, union consultant on the CSE, he combines these mandates.

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The state of affairs is extra advanced under fifty workers, to the extent that there could also be overlapping of the operate of elected official with that of union delegate. Under the phrases of article L. 2143-6 of the labor code, in these institutions, the consultant unions might designate, at some stage in his mandate, a member elected to the CSE as union delegate offered that he has collected as private and in its electoral school at the least 10% of the votes solid within the first spherical of the final elections of the stated CSE. This worker could have two features.

The precept of non-cumulation

On the opposite hand, by a judgment of September 11, 2019, the social chamber of the Court of Cassation decreed a precept of non-cumulation between the operate of elected consultant of the CSE (having a deliberative voice) and that of union consultant to the CSE (with out voice deliberative however carrying the phrase of the union). It is subsequently not doable to designate the union delegate chosen from among the many elected representatives of the CSE as a union consultant to the identical CSE.

This impossibility has simply been confirmed although a nationwide collective settlement – ​​that of institutions and providers for disabled and disabled individuals of March 15, 1966 – opens as much as all consultant unions, in any firm, the opportunity of appointing a union delegate no matter whatever the dimension of the corporate or institution.

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