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France Fr. 2

France Fr. 2 HEADNOTES Facts In anticipation of the election of workers' represen- tatives, the employer came to an agreement with one union as regards the formalities. The petitioning union protested at not being invited to join, despite its requests, and asked for the elections to be annul- led. At first instance, the petitioning union's appli- cation was denied on the ground that although its exclusion was discriminatory and illegal, it had only caused it moral prejudice but had not prevented it from presenting candidates. Decision The terms of the law in this regard were absolute and any violation, even if it has no substantive ef- fect, is illegal. A pre-election agreement must with- out discrimination be signed by all representative organizations in the enterprise concerned. Otherwise the election will be invalid. Law Applied Labour Code. Article L. 420-1: "Delegates shall be elected by the staff in all industrial, commercial or agricultural establishments, lawyers' offices, the liberal profes- sions, non-commercial partnerships, trade unions and associations (whatever their form and object) normally employing more than ten persons. An Order issued by the Minister responsible for Labour after consultation with the trade union or- ganizations concerned shall determine the condi- tions in which http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

France Fr. 2

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160276X00490
Publisher site
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Abstract

HEADNOTES Facts In anticipation of the election of workers' represen- tatives, the employer came to an agreement with one union as regards the formalities. The petitioning union protested at not being invited to join, despite its requests, and asked for the elections to be annul- led. At first instance, the petitioning union's appli- cation was denied on the ground that although its exclusion was discriminatory and illegal, it had only caused it moral prejudice but had not prevented it from presenting candidates. Decision The terms of the law in this regard were absolute and any violation, even if it has no substantive ef- fect, is illegal. A pre-election agreement must with- out discrimination be signed by all representative organizations in the enterprise concerned. Otherwise the election will be invalid. Law Applied Labour Code. Article L. 420-1: "Delegates shall be elected by the staff in all industrial, commercial or agricultural establishments, lawyers' offices, the liberal profes- sions, non-commercial partnerships, trade unions and associations (whatever their form and object) normally employing more than ten persons. An Order issued by the Minister responsible for Labour after consultation with the trade union or- ganizations concerned shall determine the condi- tions in which

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 1975

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