© - ATH all rights reserved - Edition 2024 11 2024 EMPLOYER’S GUIDE • Companies with between 11 and 50 employees In these companies, an agreement can be negotiated and signed with : • An elected representative of the CSE appointed by a representative union, • A non-appointed elected representative of the CSE, • An employee appointed by a representative union organisation. The agreement can relate to all the matters open to negotiation. To be appointed, an elected representative or a non-elected employee must contact a representative union in the sector or failing that a national and inter- professional union organisation. If the agreement is negotiated with elected representatives, appointed or not, it must be signed by elected representatives representing the majority of votes cast during the last elections in order to be valid. If the agreement is signed with an appointed employee, it must be approved by the employees by a majority of votes in order to be applicable. A vote must be organised within 2 months after signature of the agreement. Make sure you check that the appointing trade union is representative, and check the content of the mandate which must correspond to the subject of negotiation. • C ompanies with at least 50 employees In this case, the company must negotiate with an elected representative of the CSE. In the absence of an appointed elected representative, the negotiation is conducted with a non- appointed elected representative. To be valid, the agreement must be signed by elected representatives representing the majority of votes cast during the last elections. In this context, the negotiation can only relate to measures that are governed by a collective agreement as per applicable legislation. In the absence of an elected representative or if no elected representative has come forward to negotiate, the employer can negotiate with an appointed employee. The agreement signed with an appointed elected representative or an appointed employee can cover all matters open to negotiation. It must be approved by the employees by a majority of votes cast. A vote must be organised within 2 months after the signature of the agreement. When the company has no elected representatives and is negotiating with an appointed employee, it must provide written proof of this. TERM OF THE AGREEMENT The company agreement must stipulate whether its term is fixed or non-fixed. In the absence of a clause relating to term, the agreement is deemed to have been signed for a fixed term of 5 years. REGISTRATION AND NOTICE The agreement must be registered in digital form (« TéléAccords » platform) with the relevant authority by the company’s legal representative. Collective agreements are included in a national data base that can be viewed online (Légifrance website). The signatory parties can, under certain conditions, object to the publication of part of the agreement. Agreements on working hours, time off and leave must be submitted to the sector’s permanent negotiation and interpretation committee. A copy of the agreement is also filed with the registry of the industrial tribunal of the location where it is signed. In principle, collective agreements apply from the day after they have been registered. Ask us about the registration procedures and the documents to be enclosed. NEGOTIATION WITHOUT A UNION REPRESENTATIVE
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